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Trade Mark vs Business Name: What Actually Protects Your Brand in Australia, New Zealand and the UK
Trade Mark vs Business Name: What Actually Protects Your Brand in Australia, New Zealand and the UK
1 July 2025
What Actually Protects Your Brand: Trade Mark vs Business Name
When you’re starting a business in Australia, New Zealand or the UK, it’s easy to assume that registering a business name or securing a domain is enough to protect your brand. But that assumption can lead to costly surprises.
This guide explains the difference between business names and trade marks , what each one does, what they don’t do, and how to truly protect your brand.
What a Business Name Actually Does (and Doesn’t Do)
A business name identifies who is operating the business. It’s usually a legal requirement to register it with:
• ASIC (Australia)
• Companies House (UK)
• NZ Companies Office (New Zealand)
A business name:
✔ Identifies your business to regulators and customers
✘ Does NOT give you ownership or exclusive rights
✘ Does NOT prevent others from using the same or similar name
Business name registration alone does not protect your brand identity.
What a Trade Mark Does
A trade mark protects your brand name, logo, slogan or other distinctive brand elements.
A registered trade mark:
✔ Gives you exclusive legal rights in your market
✔ Lets you stop others from using confusingly similar branding
✔ Prevents copycats and reduces risk of disputes
Unlike a business name, trade mark rights are enforceable and legally recognised.
Real Example: Café Confusion
Imagine opening a café called “Bean There Brewed That”.
You register your business name , you’re legal.
But another café opens nearby using the same name , and they have a registered trade mark.
They can legally stop you from using your own name.
That’s the difference between:
✔ A business name (legality)
vs.
✔ A trade mark (ownership and exclusive rights)
Regional Snapshots
Australia
✔ Trade mark registration through IP Australia gives exclusive rights.
✘ ASIC registration alone doesn’t protect your brand name.
United Kingdom
✔ UK IPO trade mark registration provides full brand protection.
✘ A Companies House name doesn’t stop someone else securing a trade mark.
New Zealand
✔ IPONZ registration protects your brand in NZ.
✘ A company name or domain is not trade mark protection.
Summary: What Each Option Actually Does
Register a business name → trading legality only
Register a trade mark → ownership, exclusivity, enforceable rights
Final Word: Only a Registered Trade Mark Truly Protects Your Brand
If your brand name is worth building, it’s worth protecting.
plummark makes trade mark registration simple, affordable and stress-free. Whether you’re just getting started or already trading, we’ll help you secure your brand properly.
This article is for general information only and does not constitute legal advice. You should seek professional advice tailored to your specific situation before acting on any of the information provided.
What Actually Protects Your Brand: Trade Mark vs Business Name
When you’re starting a business in Australia, New Zealand or the UK, it’s easy to assume that registering a business name or securing a domain is enough to protect your brand. But that assumption can lead to costly surprises.
This guide explains the difference between business names and trade marks , what each one does, what they don’t do, and how to truly protect your brand.
What a Business Name Actually Does (and Doesn’t Do)
A business name identifies who is operating the business. It’s usually a legal requirement to register it with:
• ASIC (Australia)
• Companies House (UK)
• NZ Companies Office (New Zealand)
A business name:
✔ Identifies your business to regulators and customers
✘ Does NOT give you ownership or exclusive rights
✘ Does NOT prevent others from using the same or similar name
Business name registration alone does not protect your brand identity.
What a Trade Mark Does
A trade mark protects your brand name, logo, slogan or other distinctive brand elements.
A registered trade mark:
✔ Gives you exclusive legal rights in your market
✔ Lets you stop others from using confusingly similar branding
✔ Prevents copycats and reduces risk of disputes
Unlike a business name, trade mark rights are enforceable and legally recognised.
Real Example: Café Confusion
Imagine opening a café called “Bean There Brewed That”.
You register your business name , you’re legal.
But another café opens nearby using the same name , and they have a registered trade mark.
They can legally stop you from using your own name.
That’s the difference between:
✔ A business name (legality)
vs.
✔ A trade mark (ownership and exclusive rights)
Regional Snapshots
Australia
✔ Trade mark registration through IP Australia gives exclusive rights.
✘ ASIC registration alone doesn’t protect your brand name.
United Kingdom
✔ UK IPO trade mark registration provides full brand protection.
✘ A Companies House name doesn’t stop someone else securing a trade mark.
New Zealand
✔ IPONZ registration protects your brand in NZ.
✘ A company name or domain is not trade mark protection.
Summary: What Each Option Actually Does
Register a business name → trading legality only
Register a trade mark → ownership, exclusivity, enforceable rights
Final Word: Only a Registered Trade Mark Truly Protects Your Brand
If your brand name is worth building, it’s worth protecting.
plummark makes trade mark registration simple, affordable and stress-free. Whether you’re just getting started or already trading, we’ll help you secure your brand properly.
This article is for general information only and does not constitute legal advice. You should seek professional advice tailored to your specific situation before acting on any of the information provided.