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 > Business advice  > Business names  > Why register a name?  > Name protection

Name protection

Registering a business name in South Australia does not protect the name or the words from being used in the name.

Some of the names registered are generic in their structure and may lend themselves to be used in a descriptive sense. Other business names with, for example a definitive prefix, may be registered using all of the same words. For example, a business name such as Office Furniture may have been registered. The words Office Furniture are also a product description. The fact that the name is a registered business name cannot prevent another office furniture business from using these words in advertising or even in their shop front signage. Registration of this name will also not prevent CBS from registering other names such as Glenelg Office Furniture or Salisbury Office Furniture. In these examples the geographic prefixes, Glenelg and Salisbury, provide the overall name with sufficient definition for the business names to co-exist on the register of names.

A business name registered in any State of Australia will not prevent the registration of exactly the same name in another State, nor will it prevent the Australian Securities and Investments Commission from registering a very similar company name, or a Trade Mark registration of the same or very similar name, and it is not assured that the name will be available as a domain name for the Internet.

The only facility available to you to protect your name is to register that name as a Trade Mark and then the extent of that protection is dependent on your willingness to legally defend your rights.


Copyright | Disclaimer | Privacy | Webmaster | Accessibility | Last modified: 21 July 2011
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