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Good morning Helen,

I agree that Hamid and Victor have covered a lot of the basic points.

In relation to names, unless you intend to trade as your company name, you should register your business name at the Office of Fair Trading (or equivalent) in your state.

You can have a trade mark without registering it, but the benefits of a registered trade mark are quite attractive.

I publish a webblog about trade marks and IP news – have a look at it at http://www.trademark-lawyer.com.au.

Some other information not covered by the above –
Don’t Get Confused! Business Names and Trade Marks
Classes of Trade Marks
Trade Mark Process