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Registering a business name, company name or domain name does not automatically give you:

  • intellectual property rights in the name

  • any kind of exclusive rights to use the name

  • the right or ability to prevent others from using the name. 


Not a lot of people know that.

The best way to obtain these rights is to register the business name as a trademark.

The following can also be regisered as trademarks:  A word, phrase, logo, picture, shape, letter, number, sound, smell, movement, aspect of packaging, or a combination of these.

To be registrable as a trademark, it must be distinctive. 

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In other words, it must assist the public to distinguish between your products or services and those of your competitors.  It must not be substantially identical or deceptively similar to a pre-existing trademark, and must not so nearly resemble another trademark that it is likely to deceive or cause confusion.

If you would like our assistance in registering your trademark and/or advice relating to trademarks, please contact us here.



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If you would like to discuss any aspect of this article with us, or share your own experiences, please contact Rod Stumbles at +613 8692 7255 or here.




This article provides general information only and is not intended to constitute legal advice.  No lawyer-client, solicitor-client or attorney-client relationship has been created between us.  You must not rely on the contents of this article, whether as an alternative to legal advice from a lawyer or other professional legal services provider or otherwise.  You should not take, discontinue or refrain from taking any action because your understanding of the contents of this article, including without limitation delay seeking legal advice or disregard legal advice.  If you have any specific questions about any matter, you should engage us or other lawyers or other professional legal services providers to provide you with the necessary advice.  Keep in mind that you may be facing important deadlines so you should not delay in engaging someone to provide you with the advice.

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