What is a business name?
A business name is a name or title under which a person or entity conducts a business.
When should I register a business name?
You will need to register a business name if you carry on business within Australia and are not trading under your own name.
Exceptions to this include:
- if you are operating as an individual and your operating name is the same as your first name and surname
- if you are in a partnership and your operating name is the same as all the partners’ names, or
- if you are an already registered Australian company and your operating name is the same as your company’s name.
The law does not allow any changes from the business holder’s name if you wish to rely on the above exemptions. For example, if your name is John Smith, and the name of your business is ‘John Smith & Co’, you will need to register the business name ‘John Smith & Co’.
What a business name registration does not provide
Registering a business name does not provide exclusive ownership of your business name. It also doesn’t prevent other people from being able to register and use similar names.
To gain exclusivity over a particular business name, you need to register it as a trade mark with IP Australia.
How to protect your business name
A business name does not give you exclusive trading rights or ownership over that name.
Registering a particular name does not stop another person from registering a similar name. It also does not give you the exclusive right to use the name or part of the name.
Registering a business name will not stop someone who has registered the name as a trademark from using it. In fact, using a business name that is similar to someone else’s registered trade mark could cause you legal problems. You should always conduct a trade mark search before deciding on a business name.
The obligation to register a business name is separate to protecting any intellectual property rights in a name or brand, such as registering a trademark.
Check for any state or territory business licenses you may need. The Australian Business Licence and Information Service (ABLIS) has information about government-related licenses, registration and permits.
To ensure your business name does not infringe on an existing registered trademark, use IP Australia’s Australian Trade Mark Search. This allows you to search for existing trademarks.
A domain name gives online businesses a unique electronic address. You can arrange to buy a domain name yourself or through an internet service provider (ISP).
To buy a .com.au or .net.au, you must be a commercial entity and have an Australian Company Number (ACN) or Australian Business Number (ABN).
You can check the availability of your domain name registration at .au Domain Administration.