Business name registration is used to deal with Fair Trading but since 28 May 2012, registration of all Australian business name is administered by ASIC.
Before registering a business name with ASIC, there are a number of things you should consider in your planning.
Below are a few questions you will need to ask yourself before you start the registration process.
- Do I need a business name?
Generally, you will need to register a business name with us if you carry on a business or trade within Australia and you are not trading under your own name.
- You are operating as an individual and your operating name is the same as your first name and surname
- You are in a partnership and your operating name is the same as all of the partners’ names, or
- You are an already registered Australian company and your operating name is the same as your company’s name.
- Okay, I need to register a business name but does it protect my name from being used by someone else?
Registering a business name with ASIC does NOT provide exclusive ownership of your business name. The process of registering a business name is a legal obligation if you carry on or trade in Australia. Also, registering a business name will not prevent the name being used by somebody who has registered it as a trademark. This is an important point – and one that every business owner should be aware of.
- So how do I protect my business name?
Generally, the only way to gain exclusivity over a particular business name is to register it as a trade mark with IP Australia.
To assist new business start-ups, IP Australia has developed a new simplified online trademark search, called TM Check where you can search for existing trademarks to ensure your business name does not infringe on an existing registered trademark.
- What information do I need to register a business name?
During the application process you will need to provide your ABN, individual and birth details, an email address, a residential address and an address for the service of documents.
If you are unsure about the business name registration, please contact with us.