Business Names vs. Trademarks - Which Has More Legal Weight?

We all know the importance of a business name. Without one, your business wouldn't exist. But what about trademarks? And what's the difference between them? In this article, we'll explore the similarities and differences between these two critical aspects of your company.

What is a Business Name

Business names are registered with ASIC or the state government. The advantage of registering your business name is that no one else can use the same name for their own company (or start using it at all). This prevents confusion among customers as well as protecting your brand.

The disadvantages of registering your business name are that there are fees involved and you need to make sure that nobody else has already registered the same thing before you apply!

If you decide not to register your business name, you can still use it when conducting business. You'll just need to make sure that no other company has the same name as yours. If they do, then you'll need to change it before proceeding with any further advertising or marketing activities.

You can register your desired business name easily with Registry Australia.

What is a trademark?

A trademark is a word, phrase, symbol, design or a combination of these that identifies and distinguishes the source of goods and services offered by one party from those offered by others.

Trademarks exist to help consumers distinguish between products and services and to ensure that they know who is offering this product or service. This helps you become more recognizable to your customers, which in turn strengthens your brand identity.

Contact us at Registry Australia for more information on registering a trademark.

What protections do you receive with a trademark vs. a registered business name

When it comes to legal protections, trademarks have more weight than business names. Trademarks are registered with the government and can be used to protect your business name, brand, and logo. Business names do not have any legal protection unless you register them as a trademark or a service mark (if you offer services like accounting), but they’re still useful in preventing others from using your business name without permission.

A trademark costs less than registering a company as a business name, so it makes sense to register as many trademarks as possible when starting out your new venture. You don’t need an attorney to do this; there are plenty of services online that will help you search for potential trademarks so that you can check whether they are available before choosing one for yourself.

If you’re looking to start a business, it’s important to understand the difference between a business name and a trademark. While they can both be used as your brand identity, only one is legally protected by federal law.

A business name is simply a brand that you use to identify your company or products. It may be a variation on your own name or something completely different, but it’s not legally protected. You can register a business name with your state or county, but it’s not necessary. If you want to protect your company from copycats, then you should consider registering a trademark for your brand instead.

Are trademarks worth it for small businesses?

In terms of the advantages to your company, trademarks are worth it no matter what. Trademarks protect your brand. They protect the name of your business and all its products, services, and marketing materials from being used by other companies who may want to create confusion in their customers' minds about where they're buying from.

If you're looking to grow your business, it can be better to get a trademark earlier rather than later—that way you'll have more time with which to build up some goodwill before someone else tries wiggling into the market through the side exit door that is trademark infringement!

Trademarks also help you avoid having to defend your brand against other companies who want to use the same name. For example, if someone else wants to start a company called "Your HVAC Company" then you'll have first dibs on that name—and can sue them for trademark infringement if they try using it anyway.

Looking to register a trademark or business name?

As we’ve shown, a business name can be registered in a few different ways, but it doesn’t provide the same kind of protection as a trademark.

You should choose your company name carefully because you may need to change it later if someone else files a similar one first. If you want to protect your brand from being copied or used without permission by others though, trademarks are worth considering—especially if they're federally protected!

Visit Registry Australia to register your business name or trademark or contact us for any assistance.