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QLD Intellectual Property Law - Trademark and Use of Business Name

Discussion in 'Intellectual Property Law Forum' started by Thorbluestaffy, 21 January 2016.

  1. Thorbluestaffy

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  2. Sophea

    Sophea Well-Known Member

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    Yes, it does. A trademark establishes a business's identity and distinguishes its goods and services. The owner of the trademark owns the sole right to use that word in her business. Business name registration does not confer any rights in the business name.

    I would be surprised if she hasn't already registered it as a business name, because you are required by law to register any name you intend to operate under that is different from your own name. So unless she is operating under a Company called Hercanberra, then she is required to register the business name if she is using it. (Except of course in the unlikely event her personal name is Hercanberra.)
     
  3. Jose

    Jose Member

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    Herbrisbane is more than sufficiently different from Hercanberra. IPAustralia may allow Hercanberra to be registered as a trademark
     

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