What To Do If Someone Copies Your Business Name

Sarah runs a small skincare brand in Melbourne called Glow Finch. One Friday afternoon, a customer sends her an Instagram account for Glowfinch Co, selling similar products with a similar logo and colour palette. It feels personal, frustrating and a bit panicky.

If that sounds familiar, take a breath before you fire off a message. The legal position usually turns on one key question: do you have trade mark rights, or have you only registered a business name?

That difference matters. A business name helps identify who is trading. A trade mark is what can give you stronger rights to stop someone using a confusingly similar name for similar goods or services.

What Should You Do First If Someone Copies Your Business Name?

Start by collecting evidence and checking the other business carefully before you contact them. A rushed message can make the dispute harder to manage, especially if you accuse someone of infringement without knowing what rights you have.

Your first job is to work out what has actually happened. Is the other business using the exact same name, a similar name, a similar logo, or all of the above? Are they selling the same products or services? Are they operating in the same area or targeting the same customers?

What To Record

• Screenshots: Capture their website, social media pages, ads, product listings and search results.
• Dates: Note when you first found the issue and, if possible, when their pages or listings were created.
• Customer confusion: Keep messages from customers, suppliers or partners who thought the two businesses were connected.
• Your use of the name: Save invoices, packaging, website records, ads and social media posts showing when you started using your name.
• Registrations: Check your business name registration with ASIC and any trade marks on the IP Australia trade mark register.

Then check whether the other business has an ABN, registered business name, company name or trade mark. A company may have an ACN and a company name registered with ASIC, while also trading under a different business name.

A calm evidence file helps you decide whether to send a cease and desist letter, negotiate, file a trade mark application or rebrand. It also helps a small business lawyer give you practical advice quickly, rather than starting from scratch.

Does Registering A Business Name Give You Ownership?

No, registering a business name with ASIC doesn't give you ownership of the name or an automatic right to stop others using something similar. This is one of the biggest surprises for new business owners.

An ASIC business name registration is mainly an identity rule. It lets the public see who is behind a trading name. It doesn't work like a trade mark, and it doesn't mean ASIC has checked whether your name conflicts with someone else's brand.

For example, if you register Coastal Bean as a business name for your coffee cart, another business might still be able to register Coastal Bean Roasters as a business name if ASIC's system allows it. That doesn't necessarily mean either of you has trade mark rights.

The dispute question is different: are customers likely to be confused, and who has stronger legal rights in the brand?

Business Name Vs Trade Mark

• Business name: Registered with ASIC so you can trade under that name. It doesn't create brand ownership.
• Company name: Registered with ASIC for a company. It doesn't automatically protect the brand in the market.
• Domain name: A website address. Owning the domain doesn't stop similar names being used elsewhere.
• Trade mark: Registered through IP Australia to protect a sign, such as a name or logo, for specific goods or services.

If you want to protect your name as a brand asset, a trade mark is usually the stronger tool. If a dispute has already started, the timing of your trade mark application and your earlier use of the name can both matter.

Can You Stop Another Business Using A Similar Name?

It depends on your rights, their rights and whether customers are likely to think the businesses are connected. Similar names don't always create a legal problem, but they often do when the businesses operate in the same space.

There are a few legal angles that may help you.

Trade Mark Infringement

If you have a registered trade mark, the Trade Marks Act 1995 gives you rights against someone using the same or a deceptively similar sign for the same or closely related goods or services.

For example, say you run a Brisbane cafe called Little Mallow and you have a registered trade mark for cafe services. If another cafe opens nearby as Little Mallow Kitchen, using similar branding, you may have a strong basis to object.

If the other business sells something completely different, the position may be weaker. A cafe and a software company can sometimes use similar names without customers being confused, depending on the name and the market.

Australian Consumer Law

Even without a registered trade mark, you may have options under the Australian Consumer Law if the other business is misleading customers. Section 18 prohibits misleading or deceptive conduct, and section 29 deals with false or misleading representations about things like sponsorship, approval or affiliation.

This can matter if customers think the other business is your branch, sister brand, licensee or stockist when it isn't.

Passing Off

Passing off is a common law claim that can apply where another business misrepresents a connection with your business and causes damage to your goodwill. In plain English, it can help where you have built a reputation and someone is riding too close to it.

These claims are fact-heavy. Your evidence of reputation, customer confusion and market overlap becomes very important.

Should You Send A Cease And Desist Letter?

Often, yes, but only after you've checked your position and decided what outcome you want. A cease and desist letter can be effective, but it should be accurate, calm and commercially sensible.

Be careful about alleging trade mark infringement or threatening legal proceedings unless you've checked that the threat is justified. Under the Trade Marks Act 1995, unjustified threats of trade mark infringement can expose the sender to legal action, including declarations, injunctions and damages. A lawyer can help frame the letter as a practical request without overstating your rights.

A good letter doesn't need to sound aggressive. In many small business disputes, the goal is to stop the confusion quickly, not start a fight. Sometimes the other business didn't realise there was a conflict and will agree to change its name, logo or product line.

Before sending a letter, think about your ideal outcome. Do you want them to:

• stop using the name completely?
• change their logo or branding so customers aren't confused?
• stop using the name in a particular location or industry?
• transfer a domain name or social media handle?
• sign a coexistence agreement setting boundaries?

You should also check whether they might have earlier rights than you. If they used the name first, or they already have a registered trade mark, an overly forceful letter could invite a response you weren't expecting.

Cease And Desist Letter Outline

This is a useful outline to understand what a lawyer may include. It isn't a finished legal document, and a lawyer should tailor it before you use it.

1. Your business details: Identify your company or other legal entity, trading name, ABN or ACN, and contact details.
2. Your rights: Explain your business name, trade mark registration or application, reputation and history of use.
3. The conduct you object to: Describe the name, logo, domain, social media handle, ads or listings causing concern.
4. Why it's a problem: Set out the risk of confusion, possible trade mark infringement, misleading conduct or passing off.
5. What you want them to do: Be specific about stopping use, changing branding, removing listings or confirming undertakings.
6. Deadline for response: Give a clear and reasonable date for them to respond.
7. Reservation of rights: State that you reserve your rights if the issue isn't resolved.

Keep copies of the letter and any response. If they reply with legal arguments or threats of their own, get advice before continuing the back-and-forth.

Should You Register A Trade Mark After The Dispute Starts?

Sometimes, yes, but it won't always fix the current dispute. A trade mark application can strengthen your position going forward, but it doesn't automatically erase earlier rights or guarantee you can stop the other business.

Trade marks are registered for particular classes of goods and services. That means you need to choose the right classes for what you do now and what you genuinely plan to offer. A skincare brand, a cafe and a SaaS platform will need different coverage.

IP Australia examines trade mark applications. If your name is too descriptive, too similar to an earlier mark, or otherwise not registrable, the application may face an objection. If it's accepted, it's advertised and others usually have two months to oppose it.

If nobody successfully opposes it, the mark can proceed to registration. Once registered, your rights generally date back to the filing date of the application.

That filing date matters. If you discover a copycat on Monday and file on Tuesday, your registration may help with conduct after Tuesday, but you may still need to deal with who used the name first and whether the other business has prior rights.

Worked Example

Mike starts Peakline Plumbing in Adelaide in January 2023. He registers the business name, buys the domain name and builds a solid local customer base, but doesn't register a trade mark.

In March 2025, he finds Peakline Plumbing Co advertising in the same suburbs. Customers start calling Mike asking whether he has opened a second team.

Mike checks the registers and finds no trade mark. He files a trade mark application for Peakline Plumbing for plumbing services and sends a carefully drafted letter with screenshots of customer confusion. The other business agrees to rebrand within 45 days and stop using the similar logo immediately.

Mike's trade mark application still has to go through IP Australia's process. But his evidence of earlier use and confusion helps him negotiate a practical outcome before the brand damage grows.

When Is Rebranding The Better Option?

Rebranding can be the better option if your legal position is weak, the name is hard to protect, or fighting over it would cost more than the brand is worth. That isn't a failure. Sometimes it's a smart commercial reset.

You might consider rebranding where:

• you only started using the name recently and haven't built much goodwill yet;
• the other business used the name first or has a registered trade mark;
• your name is descriptive, such as Best Sydney Cleaners, and difficult to protect;
• your customers aren't actually confused, even though the names feel similar to you;
• the dispute is distracting you from launching, selling or raising funds;
• a stronger, more distinctive name is available for trade mark protection.

The cost of rebranding isn't just a new logo. You may need to update your website, packaging, signage, email addresses, customer contracts, marketplace listings, social media handles, Google Business Profile and supplier records.

Still, a rebrand can save you from a bigger problem later. If you're early, changing now may be cheaper than building a brand for two years and then receiving a letter from a trade mark owner.

How To Choose A Safer New Name

• Search ASIC, IP Australia's trade mark register, domain names and social media handles.
• Avoid names that are very close to competitors in your industry.
• Choose something distinctive rather than purely descriptive.
• Check the name with your future plans in mind, not just your first product or service.
• File a trade mark application before investing heavily in branding, packaging or ads.

If you're comparing options, a free template or DIY search can help you organise your thinking, but it may miss issues around trade mark classes, similar marks and earlier users. An online fixed-fee service can give you more certainty up front, while a traditional firm may bill by the hour. What matters is that the scope is clear and the advice fits your business.

Key Takeaways

• Registering a business name with ASIC doesn't mean you own the brand or can automatically stop similar names.
• A registered trade mark is usually the strongest way to protect your business name in a dispute.
• Before contacting the other business, collect screenshots, dates, customer confusion evidence and proof of your own use.
• A cease and desist letter can work well when it's accurate, specific and focused on a practical outcome.
• If your name is hard to protect or the other business has stronger rights, rebranding may be the smarter move.
• Trade mark disputes depend heavily on timing, industry overlap, customer confusion and the exact names being used.

If you'd like help with checking your rights, drafting a cease and desist letter, registering a trade mark or deciding whether to rebrand, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.