business names

Where a person wishes to use a business name which is different to a person's real name or incorporated name, it ma be registered with an address for service under the Business Names Act. To register a name under the Business Names Act, the names of all the persons using the name and their addresses for service must be filed. It is no longer mandatory for businesses not using their real name to register under the Act.

A business name and/or a registration under the Act is different to a registered trade mark, an unregistered trade mark or a name of a company.  Registration of trade mark grants the proprietor of the trade mark special monopoly rights to prevent others using trade marks which give rise to a likelihood of confusion. Unregistered trade marks are those protected by the common law tort of passing off in cases where the business has accrued the requisite goodwill and reputation to protect the mark. Registration of a company name does not grant any exclusive right or other right to use the name. Indeed, after registration of the company, the Registrar of Companies may require the company to change its name.  The Companies Act list words which may not be used in respect to companies without the permission of the Registrar, which are typically words which would mislead the public and indicia associated with the Olympics.

A common misconception is that registering a business name or a company name entitles a person to use the name.  Registering a name in either of these two ways does not permit a business to use the name in trade and commerce if it infringes a registered trade mark. 

Usage: The business name was used to disclose the true identity of the trading company.

Related Words: registered trade marks; unregistered trade marks; Business Names Register; Business Names Act; intellectual property; intellectual property rights.