Business Name Registration

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.
Unless:

  • 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.

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