How do I protect my business name in different states?

I have a company name that is similar to that in another state. How do I get interstate protection?

There are two ways to get interstate “registration” – the easy way, and the hard way. 

The hard way (which is also the wrong way) is to register your business name in each state where you wish to operate. 

This is expensive (paying on a state by state basis), time consuming (you have to renew every two to three years) and does not give you any form of actual protection, because a business name registration is not a “proprietary interest”.  That is, it is not something you own, and it does not allow you to stop someone else using the same name, nor does it protect you from someone else claiming you infringed their trade mark.

The easy way is to obtain a trade mark registration.  The trademark system applies to the whole of Australia, so you have protection even in states where you do not currently do business.  Also, the registration is for 10 years, with renewals permitted in perpetuity.

You can do this yourself, through the various on-line services offered by IP Australia. However if there are other people already using a similar name, and particularly if it involves similar services, you may be best served seeking assistance of a registered trademark attorney (like me!).

Details of costs, etc can be found both at the above link, and also by clicking here.

James Omond runs his own Melbourne-based commercial legal practice Omond & Co, specialising in the area of intellectual property (trademarks, copyright, etc). He is a registered trademarks attorney, and was the Australian Young Corporate Lawyer of the Year (back in 1999, when he was almost young). James also advises on a broad range of commercial matters, such as buying and selling businesses, partnerships and joint ventures, trade practices, advertising, marketing and promotion.