Fact –
“Having a registered business name or a company name does not, by itself, give you any intellectual property rights in that name.”*
A business name does not give you exclusive trading rights or ownership over that name.
Registering a particular name does not stop another person from registering a similar name. It also does not give you the exclusive right to use the name or part of the name.
In order to protect your business name you would need to obtain a trademark.
A trade mark needs to be capable of distinguishing your products or services from other traders to be accepted by IP Australia. Generally, you are not allowed to monopolise the name of a place or region for your business, unless you have significantly used the name over time.** So if your business name is a service coupled with a geographical location you may have difficulty in obtaining your business name as a trademark.
So, the question is, is my client in the wrong? – according to the above from ASIC and IP Australia – No, we are well within our rights to use the term “Jupiter Hairdressing”, as they provide Hairdressing to the people of Jupiter. Further to this, It’s not deceptive as if you follow the link, my clients logo is plastered all over the page.
So my friends – I suggest that when registering a business name look at the name you are using, look at the legality of using it, look at the facts, look at your competitors in the market and focus on your own game rather than wasting the time of others.
*2022. [online] Available at: <https://asic.gov.au/for-business/registering-a-business-name/before-you-register-a-business-name/how-to-protect-your-business-name/> [Accessed 27 January 2022].
**2022. [online] Available at: <https://www.ipaustralia.gov.au/trade-marks/applying-for-a-trade-mark/decide-if-you-have-trade-mark/common-and-prohibited-signs> [Accessed 27 January 2022].
