Your brand name is one of the most valuable things your business owns. Many owners assume that once they have a business name and a website address, the name is theirs. That is not quite how it works in Australia.

A business name, a domain name and a trade mark each do a different job. Each one is handled by a different body and gives you different rights. Knowing the gaps between them helps you protect your brand before someone else trades on it.

Three names that do three different jobs

IP Australia describes a business name as the name your business trades under. It identifies you to customers and other businesses. A domain name is a registered internet address that lets customers find your business online.

A trade mark is different again. IP Australia says that registering a trade mark gives you exclusive rights to use a particular name, logo or slogan for your products or services in Australia. Of the three, only the trade mark gives you that kind of exclusive right.

IP Australia explains the gaps clearly in its article on the difference between a trade mark, business name and domain name. The short version is that registering one does not cover the others. A smart brand plan looks at all three together.

Business names and ASIC

Business names are registered with the Australian Securities and Investments Commission (ASIC). ASIC says you must register a business name if you run a business in Australia and are not trading under your own name. A sole trader using only their first name and surname does not need to register. Add a word like “Gardening” or “and Co” and registration is needed.

There are other exceptions too. Partners trading under all their personal names do not need to register. A registered company trading under its exact company name does not either.

To register through ASIC Connect, you need an Australian Business Number (ABN) or an ABN application reference. You can apply for both at the same time. ASIC offers registration periods of one year or three years.

What a business name does not protect

Registration protects you from another business registering an identical or nearly identical name. ASIC says it does not stop people using similar words or expressions in their business name. IP Australia also warns that many owners wrongly believe a registered business name stops others using a similar name.

A registered business name also does not protect you if you are using someone else’s trade mark. ASIC advises searching existing trade marks before you settle on a name. That simple check can save a costly rebrand later.

Domain names and auDA

The .au domain space is run by the .au Domain Administration, known as auDA. Names are allocated to whoever applies first, as long as the applicant meets the .au Licensing Rules. The name also cannot already be registered or reserved by someone else.

Each namespace has its own eligibility rules. auDA describes com.au and net.au as the trusted namespace for commercial entities registered to do business in Australia. You need evidence such as a valid ABN or ACN to register a com.au name. The org.au space is for registered Australian organisations that operate on a not for profit basis.

The shorter .au direct names

Direct names such as yourbrand.au launched on 24 March 2022. Any person, business or organisation can register one if they meet the Licensing Rules. Applicants must have a verifiable Australian presence. auDA gives Australian citizens, permanent residents and organisations registered in Australia as examples.

Many businesses hold both the com.au and the .au version of their name. This stops someone else taking the shorter address and confusing customers. It also gives you a choice of which address to promote.

Licence periods and renewals

A domain is registered for a licence period that you choose. Under the auDA rules you can pick one, two, three, four or five years. You must stay eligible for the whole licence period.

Put renewal dates in your calendar and keep your contact details current with your registrar. A lapsed domain can be picked up by someone else. You can check the current rules on the auDA .au domain names fact sheet.

Trade marks and IP Australia

Trade marks are registered through IP Australia. A registered trade mark legally protects your brand, products or services. It also gives you a way to act against businesses using a similar mark that could confuse customers.

Protection covers every Australian state and territory for an initial period of 10 years. IP Australia says a trade mark can be renewed indefinitely after that. This makes it the strongest long term protection for a brand name.

Trade marks are registered for particular goods or services. Business.gov.au notes that similar marks can exist side by side if the goods or services differ. Its example is the name DOVE used for both soap and chocolate.

A practical order for protecting your brand

Start with research before you spend money on signage or a logo. If you are planning a new look, our guide to outsourcing your logo design covers working with a designer. A logo can be registered as a trade mark too, so think about that early.

• Search the trade mark register for your preferred name.
• Check the business name register with ASIC.
• Check whether the com.au and .au domains are free.
• Register the business name and domains you need.
• Consider applying for a trade mark for your name or logo.

Once your names are secured, the website is the next step. Read about building a professional and responsive website so your new domain makes a strong first impression. A clear name also helps people find you, which is the first step in learning how to get to the top of the search engine rankings.

A new domain also needs to be found in search. Avoid the common SEO mistakes when launching an online business so your brand name starts on the right foot. Your brand is only as strong as the attention it earns.

Frequently asked questions

Does registering a business name give me the matching domain?

No. Business names are registered with ASIC and domain names are registered separately under the auDA rules. Check that both are available before you commit to a name.

Can someone else use a name similar to mine?

They may be able to. A registered business name does not stop people using similar words in their own business name. A registered trade mark gives you stronger rights to act against confusingly similar names.

Do I need an ABN for a com.au domain?

auDA says com.au and net.au are for commercial entities registered to do business in Australia. Evidence such as a valid ABN or ACN is required. The .au direct names have their own Australian presence test.

How long does a trade mark last?

A registered trade mark lasts for an initial period of 10 years. IP Australia says it can be renewed indefinitely. Keep track of the renewal date so your protection does not lapse.

This article is general information only and is not legal advice. The rules for business names, domain names and trade marks are national, but they change over time and state laws on related business matters can differ. Please speak with a qualified lawyer or trade marks attorney about your own situation.