No. Registering a business/company name entitles you to trade under that name but does not give you a legally enforceable right to exclusive use and control, such that a trademark would confer. It is important to check that your proposed business name is not subject to a trademark or patent prior to registration by visiting IP Australia.
Should you choose to trademark your name, your intellectual property right to it will be protected from unauthorised use within Australia.
Registering a business or company name is an important step in establishing a company's identity, but it does not equate to trademark protection. While registration of a business name allows you to operate under that name, it does not grant the exclusive rights to use the name that a trademark would confer.
To secure legal protection for your brand and ensure exclusive use, a separate trademark registration is necessary. This distinction is crucial because a trademark provides the owner with enforceable rights against others who might use similar or identical marks in a way that could cause confusion.
Without a trademark, even if you have registered your business name, others may still legally use similar names, provided they do not infringe on any existing trademarks. Therefore, it's advisable to consider both registering your business name for operational purposes and obtaining a trademark for broader legal protection of your brand identity.
How do I register a trademark?
You can opt to register your trademark on this platform when completing your company registration form. You must meet eligibility requirements for your trademark to be considered. Aside from your status as a legal entity, i.e. individual person, company etc. these include significant difference from existing trademarks.
It can take 5-7 months for your application to be reviewed and there are costs involved.