3 Myths About Trade Marks

There are some common myths that are assumed about trade marks, which we’re here to debunk.

1. A business name registration does not give you exclusive rights

A business name registration with the Australian Securities and Investments Commission (ASIC) does not provide the same protection as a registered trade mark. A business name won’t stop another person from using the same name. If you want the exclusive right to the name, you will need to register it as a trade mark.

2. Website domains also don’t provide exclusivity

Registering a domain name provides you with a website URL for your customers to visit. However, it doesn’t offer exclusive rights to the name. Only a registered trade mark will enable you to enforce your trade mark against copycat websites trying to use your name in Australia.

3. Not all trade marks are capable of registration

There are some words, phrases and images that cannot be registered as a trade mark. This is because they are common words or images, such as a common surname or a descriptive term. For example, ‘sweet’ for chocolates or ‘cool’ for refrigerators. If you don’t have a distinctive word within your trade mark, you might not be able to protect it.

Reach out to us if you’re unsure if your business name will be distinctive enough to be registered. We can give you an indication on likelihood of registration and options available if the Examiner initially rejects your application because it’s descriptive.