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Thread: Business name registration / trademark

  1. #1
    Member Baldeagle's Avatar
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    Default Business name registration / trademark

    Hey everyone - My first questions.

    Once I register my business name, can someone come along and trademark that name?

    Is it necessary for me to trademark the name? I know that I need to check if the name has been trademarked before registering it, but wondering if someone can still trademark it. Just a bit confused.

    Thanks for your help.

  2. #2
    Member Tender Lovin Lawn&Garden's Avatar
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    Default Re: Business name registration / trademark

    Quote Originally Posted by Baldeagle View Post
    Hey everyone - My first questions.

    Once I register my business name, can someone come along and trademark that name?

    Is it necessary for me to trademark the name? I know that I need to check if the name has been trademarked before registering it, but wondering if someone can still trademark it. Just a bit confused.

    Thanks for your help.
    You need to register your name so you can open a bank account after that it doesn't really matter. Unless your worried about people stealing your name but its not likely to happen as once its registered than its registered my old business name is still classed as registered and i haven't renewed it for 10 years as i no longer have the business.
    Tender Lovin Lawn and Garden Care
    We do everything for your lawn and garden with tender loving care
    find us on facebook under Tender Lovin Lawn and Garden Care

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    Member brettly's Avatar
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    Default Re: Business name registration / trademark

    Sorry to dig this thread up, but recently my better half was visiting bunnings only to come out to the car and find a flyer on the windscreen with "Mighty Mow Maintenance" advertising to mow lawns and rubbish removal etc..2 months ago i registered as "Mighty Mow Lawn & Garden Services", my business registration cert says "Mighty Mow"..wot is the law regarding registered name using?
    Cheers.
    MIGHTY MOW Lawn & Garden Services
    Brett Youlten
    Mob: 0415 112 163
    Web: www.mightymow.com.au

    Email: info@mightymow.com.au
    Proudly Australian Owned

  4. #4
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    Default Re: Business name registration / trademark

    brett this is from the fair trading n.s.w site

    Who owns a business name?


    Be aware that registering your business name does not give you ownership of that name. Registering a particular name does not stop another person from registering a similar name nor does it give you the exclusive right to use the name or part of the name.

    For example, if you register your name as ‘Michelle’s Pies’ there is nothing to stop someone else from registering ‘Michelle’s Pies and Cakes’ or ‘Michelle’s Savoury Pies’.

    link http://http://www.fairtrading.nsw.go...rbusiness.html
    Anything Ian says may or may not be garbage, it may also be his own opinion or it may not be his opinion at all, it may just be something he felt like stating anyone following his advice does so at their own risk and may be doing something Ian would actually advise against.
    And if you don't like what Ian has to say use the ignore function if you don't know how ask i will gladly tell you

  5. #5
    Senior Member fairdinkum's Avatar
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    Default Re: Business name registration / trademark

    From memory I yhink if you want exclusive rights to that name you need to register a trademark which is not so cheap or easy to get. But I only have a vague recollection of reading something about that when I was lookin to register business name.

    Jason Forrest
    Fair Dinkum Lawn & Garden Care
    Servicing St Clair, Erskine Park, Colyton, South St Marys
    0407 435 642


    fairdinkumlawns.com.au

    facebook page

  6. #6
    Senior Member glassngrass's Avatar
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    Default Re: Business name registration / trademark

    Distinctive (and not descriptive) words, phrases, letters, numbers, sounds, smells, shapes, logos, pictures and packaging can be trademarked thru Trade Marks Office.
    Rights will last indefinitely if maintained and in use.

    Refer http://ipaustralia.com.au/ also http://www.ipaustralia.gov.au/

    also of interest ...

    http://www.ipaustralia.gov.au/strategies/domains.shtml

    I believe cost will be about $400-$500 to register a name/group of words
    David
    Mr Sparkle Car Spa

  7. #7
    Member brettly's Avatar
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    Default Re: Business name registration / trademark

    yea ian i did read that on the fair trading site, just seems a bit pointless when someone can change or add words however they choose.On searching i checked and there is no abn # with that description(not that there needs to be) and on his flyer he says his a member on here?
    Cheers.
    MIGHTY MOW Lawn & Garden Services
    Brett Youlten
    Mob: 0415 112 163
    Web: www.mightymow.com.au

    Email: info@mightymow.com.au
    Proudly Australian Owned

  8. #8
    Member Of Forum Wattle GC's Avatar
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    Default Re: Business name registration / trademark

    And now they charge you anually for the privillage here in NSW

  9. #9
    Member Of Forum Wattle GC's Avatar
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    Default Re: Business name registration / trademark

    Quote Originally Posted by brettly View Post
    Sorry to dig this thread up, but recently my better half was visiting bunnings only to come out to the car and find a flyer on the windscreen with "Mighty Mow Maintenance" advertising to mow lawns and rubbish removal etc..2 months ago i registered as "Mighty Mow Lawn & Garden Services", my business registration cert says "Mighty Mow"..wot is the law regarding registered name using?

    So did ya ring and get a quote.??. I do if I get stuff like this in the mail box etc.. I find competition healthy and amusing sometimes..

    Mighty Mow.. See you are at Lumeah.. I am at wattle Grove.. yell if you need help..

  10. #10
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    Default Re: Business name registration / trademark

    Quote Originally Posted by Wattle GC View Post
    So did ya ring and get a quote.??. I do if I get stuff like this in the mail box etc.. I find competition healthy and amusing sometimes..

    Mighty Mow.. See you are at Lumeah.. I am at wattle Grove.. yell if you need help..
    get him to quote all your friends keep him to busy quoting to work
    Anything Ian says may or may not be garbage, it may also be his own opinion or it may not be his opinion at all, it may just be something he felt like stating anyone following his advice does so at their own risk and may be doing something Ian would actually advise against.
    And if you don't like what Ian has to say use the ignore function if you don't know how ask i will gladly tell you

  11. #11
    Member Andy B's Avatar
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    Default Re: Business name registration / trademark

    Sorry Mightymow (Brettly) can't really help with name, trademark etc as it's up to you to decide how you handle it and at what cost.

    However I will say Mighty Mow Maintenance, putting flyers on windscreens is not a good idea in my opinion and I believe Bunnings and many shop owners, shopping centre managements and councils have the same opinion. Putting flyers on windscreens could lead to clean up bills, loss of business claims maybe even trespassing.

  12. #12
    Senior Member Bluey's Avatar
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    Default Re: Business name registration / trademark

    In some states they wont register a business name if it too closely resembles another but there is nothing to stop them being close to yours. If they get it through the system then it is all fair and equitable as far as the system is concerned. In the end it really doesn't matter all that much. There area couple of business over here that started after me and resemble my name a bit but they are not really mistaken for our business. Just work on your own stuff unless of course you trade mark the name etc.
    Cheers

    Bluey
    Adelaide Home & Garden Solutions
    http://www.ahgs.com.au


    "Success occurs when no one is looking, failure occurs when everyone is watching."

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