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Trade Mark vs Business Name: What Actually Protects Your Brand | plummark.
Trade Mark vs Business Name: What Actually Protects Your Brand | plummark.
1 July 2025
What Actually Protects Your Brand: Trade Mark vs Business Name
When you're starting a business, 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.
In this guide, we unpack the two key brand protection tools—trade mark and business name—using plain English and real examples. You’ll learn what each one does, what it doesn’t do, and how to actually protect what you’re building.
Business Name
Your business name is the name you trade under.
It’s a legal requirement in most places—like ASIC in Australia, Companies House in the UK, or NZ Companies Office.
✔︎ Identifies your business to regulators and customers
✘ Does not give you ownership or exclusive rights to the name
✘ Not a substitute for trade mark protection
Trade Mark
A trade mark protects your brand name, logo, slogan, or anything that sets your business apart.
✔︎ Gives you exclusive legal rights to use the mark for your products or services
✔︎ Lets you stop others from using something confusingly similar
✘ Not automatic — you must apply and register it separately
Real Example: Café Confusion
You open a café called “Bean There Brewed That”.
You register the business name with ASIC — you’re legal.
You create a logo and a catchy slogan — great, your brand looks polished.
But a few months later, another café opens two suburbs away — using the exact same name.
You complain… but they’ve registered a trade mark, and you haven’t.
Now they can force you to stop using the name.
Why?
✔︎ They own the trade mark.
✘ You only registered a business name, which doesn’t give you exclusive rights.
Regional Snapshots
Australia
✔︎ A registered trade mark gives you exclusive rights.
✘ ASIC registration alone doesn’t protect your brand name.
United Kingdom
✔︎ Register your trade mark with the UKIPO for full brand protection.
✘ A Companies House name doesn’t stop someone else from registering a trade mark.
New Zealand
✔︎ Trade mark registration through IPONZ protects your brand.
✘ Registering a company name or domain isn’t enough.
Summary: What Each Option Actually Does
Register a business name
✔︎ What you get: Trading legality
✘ What you don’t get: Ownership or exclusive rights
Register a trade mark
✔︎ What you get: Brand exclusivity & legal rights
✘ What you don’t get: Nothing — you're fully protected
Final Word: Only a Registered Trade Mark Truly Protects Your Brand
If your business name is valuable enough to build around, it’s valuable enough to protect properly.
At plummark, we make trade mark registration simple, affordable, and stress-free. Whether you’re just getting started or already trading, we’ll help you lock in your brand before someone else does.
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, 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.
In this guide, we unpack the two key brand protection tools—trade mark and business name—using plain English and real examples. You’ll learn what each one does, what it doesn’t do, and how to actually protect what you’re building.
Business Name
Your business name is the name you trade under.
It’s a legal requirement in most places—like ASIC in Australia, Companies House in the UK, or NZ Companies Office.
✔︎ Identifies your business to regulators and customers
✘ Does not give you ownership or exclusive rights to the name
✘ Not a substitute for trade mark protection
Trade Mark
A trade mark protects your brand name, logo, slogan, or anything that sets your business apart.
✔︎ Gives you exclusive legal rights to use the mark for your products or services
✔︎ Lets you stop others from using something confusingly similar
✘ Not automatic — you must apply and register it separately
Real Example: Café Confusion
You open a café called “Bean There Brewed That”.
You register the business name with ASIC — you’re legal.
You create a logo and a catchy slogan — great, your brand looks polished.
But a few months later, another café opens two suburbs away — using the exact same name.
You complain… but they’ve registered a trade mark, and you haven’t.
Now they can force you to stop using the name.
Why?
✔︎ They own the trade mark.
✘ You only registered a business name, which doesn’t give you exclusive rights.
Regional Snapshots
Australia
✔︎ A registered trade mark gives you exclusive rights.
✘ ASIC registration alone doesn’t protect your brand name.
United Kingdom
✔︎ Register your trade mark with the UKIPO for full brand protection.
✘ A Companies House name doesn’t stop someone else from registering a trade mark.
New Zealand
✔︎ Trade mark registration through IPONZ protects your brand.
✘ Registering a company name or domain isn’t enough.
Summary: What Each Option Actually Does
Register a business name
✔︎ What you get: Trading legality
✘ What you don’t get: Ownership or exclusive rights
Register a trade mark
✔︎ What you get: Brand exclusivity & legal rights
✘ What you don’t get: Nothing — you're fully protected
Final Word: Only a Registered Trade Mark Truly Protects Your Brand
If your business name is valuable enough to build around, it’s valuable enough to protect properly.
At plummark, we make trade mark registration simple, affordable, and stress-free. Whether you’re just getting started or already trading, we’ll help you lock in your brand before someone else does.
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.