Free Brand Name Check

Can you trade mark your business name in Australia?

Not every business name can be registered as a trade mark. Under the Trade Marks Act 1995 (Cth), IP Australia looks at two big things: whether your name is distinctive enough to register (section 41), and whether it is too similar to a mark someone has already registered (section 44). This free Brand Name Check gives you an instant, plain-English read on the distinctiveness side in about 60 seconds, then points you to the next step: a proper availability search.

Is registering a business name the same as a trade mark?

No. Registering a business name with ASIC does not give you ownership of it. A registered trade mark is the only thing that gives you exclusive rights to your business name, logo or slogan and lets you stop others copying it.

What makes a brand name hard to trade mark?

Names that plainly describe what you sell, use common or geographic words, or clash with an existing brand are the hardest to register and defend. Invented or unexpected names are the strongest. That is what this check screens for.

Is this free check a proper trade mark search?

No. It is a preliminary, educational screen based on your answers only. It does not check the IP Australia register and is not legal advice. To find out if your name is actually clear to register, book a free Brand Protection call to talk through the next step: a full availability search.