Business Name Protection

Business Name Protection

A business name must be registered before it is used. Any company, person or other entity that trades  in a name other than their own legal name must register that name.

Registration of a business name does not provide any proprietary or enforceable rights to that name.  So it’s important to consider registering your business name as a trade mark. And also to ensure your intended trading name does not infringe any third party rights.

Unlike a business name, trade mark registration provides the right to exclusive use of that trade mark throughout Australia, in relation to the goods or services for which the mark is registered.  Registration of a trade mark also provides a statutory defence to allegations of infringement of any other trade mark registration.


As the business name registration system in Australia is now centralised it is no longer necessary to seek registration in each Australian State and Territory.  The registration process is relatively simple and one which we can assist with.

Davies Collison Cave business name services

  • Legal clearance searches for business names
  • Secure a business name registration
  • Manage and renew business name registrations