Home – New Forums Starting your journey Company Name vs Business Name vs Trademark

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  • #987692
    ajburnet
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    Hi all,

    Just want to clarify something (I’ve spoken with ASIC so I think I’m clear on this), hope you can help!

    I’ll use a made up example:

    I have a registered company entity: mycompany pty ltd.
    I register the business name: smithys liquids

    I register a trademark (which I’ve searched and is available in the respective classes). The trademark is my logo, slogan, and the word smithys, i.e. my brand.

    My understanding is that, provided I have the business name (in this case ‘smithys liquids’) in a prominent place wherever I am in business (say on the front page of my website, or at the bottom of my receipts plus official company documentation, e.g. invoices with my ABN / ACN) I can have my brand (in this example, logo with ‘smithys’) on my signage, as my domain name on my products etc..

    Am I missing something?

    Many thanks,

    Alex.

    #1163833
    JacquiPryor
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    Hi Alex,

    It sounds like you have understood the differences between the types of names.

    My only comment – using Smithys Liquids still as the example – is that if you register your full logo as a trademark (that includes the name, slogan etc) this doesn’t automatically provide registration/protection of the Smithys Liquids name. If you wished for the words to be protected in their own right, you would need to register a separate trademark on the words.

    #1163834
    ajburnet
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    Thanks for that, great to make sure I’m not missing something!

    Good point, although it will be the brand I’m more concerned about as that will be how my products and stores are most likely recognised.

    Probably something I’d register when I’m out of the lean startup phase with my focus on protecting the brand initially.

    Thanks again,

    Alex.

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