Did you know that by “owning” a business name, company name or domain name, that you do not necessarily have the rights to use that name? We say “owning” because what do you really own with any of these name registrations?
Using a business name as an example, if you look at the wording used by ASIC in relation to business names (located here), it specifically states: “Registering a business name does not provide exclusive ownership of your business name. It also doesn’t prevent other people from being able to register and use similar names.”
So, the leaves the question of how do you obtain some form of proprietary ownership of your brand? By obtaining a trade mark registration, you will actually take ownership of your brand. A trade mark is a piece of intangible property, although you cannot actually hold a trade mark, it is a form of property that can be licensed or sold.