Having your company name or business name registered or having the domain name secured does not give you any ownership rights in the trade mark. A company or business name is just the entity name. The Australian Securities and Investment Commission (ASIC) will register almost any name as long as it is not registered already.

This means that ASIC will sometimes register very similar company or business names with very little separating the names. This would not happen under the trade mark registration system because the Trade Marks Office should not allow marks to be registered that are already registered or marks that are similar to those already registered. A trade mark registration therefore gives you better overall rights in the trade mark.

Many people think that by registering the company/business name or domain name registration entitles them to stop others using your trade mark. This is not the case.

Having a domain name registration does not give you any "trade mark rights" in the name. A domain name registration is merely an internet address and is not a brand for your business. The best way to own your trade mark is by having it registered at the Australian Trade Marks Office. This should be done by a professional.