QLD Intellectual Property Law - Trademark and Use of Business Name

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20 January 2016
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Hello

If someone owns the trademark Hercanberra, does that stop me creating a business name Herbrisbane under Intellectual Property Law?
 
S

Sophea

Guest
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.)
 

Jose

Member
27 January 2016
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Herbrisbane is more than sufficiently different from Hercanberra. IPAustralia may allow Hercanberra to be registered as a trademark