Video: Business names and Trade Marks
Take care before you settle on a name for your business
In this video I discuss a common problem that arises where a business or product name is settled on without checking if other parties already have it registered as a trade mark.
Other parties may be able to enforce their own right to the name, for example, under the common law tort of Passing Off, under the Trade Practices Act or, as discussed in this video, by virtue of their own registration of the name under the Trade Marks Act.
Make sure you understand that none of business name, company name or domain name, registration actually gives you a guarantee that you can use your chosen name in trade. Check to see if you are likely to infringe any third party rights to the name you've chosen.