Consider registering your brand assets both domestically and overseas when planning your business to effectively protect your business and product names. These may include registering a Business Name, Trade Marks and Domain Names.
- A Business Name is the registered name used to identify your business to your customers.
- A Trade Mark makes your brand recognisable by distinguishing your products/ services from others in the marketplace.
- A Domain Name is your business' address on the internet.
Note that Business Names, Trade Marks and Domain Names are national rights which do not offer protection overseas. You should therefore consider to apply to register these in any jurisdictions where your business will operate. Each country will decide whether you can proceed to registration in accordance with their own national laws and requirements. For example, If you wish to use a ‘.com.au’ or ‘.net.au’ Domain Name, you must be a commercial entity and have either an Australian Company Number (CAN) or Australian Business Number (ABN).
Like Business Names, registering a Domain Name does not of itself confer any proprietary rights in the use of that name. This means you will not have any rights to take action against third parties who use your domain name in promoting their own brand. To secure your brand, it is a good idea to have any registered Domain Name also registered as a Trade Mark.
- Registering a Business Name, Trade Mark and Domain Name is crucial to protecting your brand assets.
- Identify the countries in which your products/ services will be sold or manufactured and their respective national requirements for IP protection.
- Prepare the relevant documentation required to register your brand assets (e.g. business name, product names, logo designs, owner’s details, relevant goods/ services etc.).