YSA Partners

IP · 31 July 2026 · 4 min read

Your brand is not protected just because you registered a company name

Every week someone tells us their brand is safe because ASIC accepted the name. It is one of the most expensive misunderstandings in Australian small business.

By YSA Partners

What registration actually gives you

Registering a company or business name is a legal requirement to trade under that name. It gives you no exclusive right to it, and it does not stop a competitor from registering a trade mark over it and then asking you to stop.

What a trade mark gives you

A registered trade mark gives you the exclusive right to use the mark for the goods and services it covers, nationally, for ten years at a time, and a straightforward path to stop infringers.

The cost of getting it wrong

We have seen businesses rebrand after years of trading because someone else registered the mark first. Signage, packaging, domains, goodwill: all lost. A trade mark application costs a small fraction of that.

What to do this week

Search the trade marks register. If your core brand is clear, file. If it is not, talk to us about your options before anyone else finds out.

Own the thing your customers actually remember. Everything else is administration.

This article is general information only and is not legal advice. Contact YSA Partners for advice on your circumstances.

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