Registering a business name
Once you’ve been through the process of Naming your Business, you’ll be ready to take the next step; registering your business name.
A business name is a name or title under which you trade. You have to register your business name in each state or territory you’ll be operating in if your business structure is:
- Sole trader
- A partnership
- A trust
- Not a company (i.e. incorporated)
However, registering a business name is not always necessary. You don’t have to register a business name if you’re doing business under your own (or your partner’s) first name and surname.
Important: Contrary to popular belief, registering your business name does NOT mean legal ownership. To get that, you have to trademark your business name.
Where to register your business name
View the list below for information on how to register a business name in your state. Note that most of these bodies will charge a fee for the process.
ACT – ACT Office of Regulatory Services or call (02) 6207 3000.
NSW – Download an application form (PDF, 0.46MB) and register your business name over the counter at a Fair Trading Centre. Visit NSW Office of Fair Trading or call 13 32 20 to find out more. In NSW you need to renew your business name every three years.
NT – Complete the online registration form, or phone 1800 193 111 to learn more. You need to renew your business name every three years in NT.
QLD – Download the Application for registration of a business name(PDF, 0.49MB) form on the Queensland Office of Fair Trading website or call a customer service representative on 13 13 04. Register your business name for either one or three years. You’ll find more information at at SmartLicence.
SA – Download an Application for Registration of a Business Name(PDF, 0.1MB) on the Office of Consumer and Business Affairs website and lodge either by mail, fax or in person. Call 1300 138 918 to find out more.
TAS – Download an application form from the Consumer Affairs and Fair Trading website and lodge it at any Service Tasmania shop. Renew your business name every three years. For more info, phone 1300 654 499.
VIC – You can register your business name on the Consumer Affairs Victoria website or call 1300 361 673. You can also also renew your business name. online. Check the Victorian Names Register to see if another business has already registered a name similar to the one you want.
WA – Register on the Department of Commerce’s Business names website. You need to renew every three years. Call 1300 304 014 to get the lowdown.
Registering a business name does not give you ownership
It comes as a surprise to many people that registration of a business, company or domain name doesn’t mean you legally own it.
Registering your name as a trademark gives you ownership. A trademarked business name means you and only you can use that name in Australia in your line of business.
For example, if your trademarked name is Totally Awesome and you’re in the wedding flower business, only you can use that name in your industry. But a whale-watching business could be called Totally Awesome, because whale watching has nothing to do with wedding bouquets.
A trademarked business name has greater legal clout than a registered business name. So, if you’re the registered trademark owner of a name, you can sue a business owner for infringing your trademark if they use the same name as yours on goods or services similar to yours.
How to register your business name as a trademark
You can register your business name as a trademark with IP Australia.
The first step is to search the trademarks database and other goods and services to make sure you won’t be infringing upon any existing trademarked names. You can
IP Australia has a professional search service called the Business Names Applicant Search Service (BASS). For around $40, they’ll search the database and get back to you if there’s already a registered trademark that’s identical or very similar to your proposed business name. Call 1300 651 010 to apply for a search.
Confused about trademarking?
If you get tangled up don’t worry. IP Australia’s TM Headstart service can assess your trademark’s suitability for registration. You’ll be able to speak to one of their people who can help you sort out any tricky bits.
Will my trademark be accepted for registration?
Your trademark must distinguish your goods or services from others in the marketplace. This means it’s very difficult to register trademarks that:
- Denote the kind, quality, intended purpose or value of the goods or services
- Are common surnames or geographical names
- Conflict with an earlier trade mark, or would mislead the public about the nature of the goods or services
- Are protected by law and cannot be registered as trademarks. Some are prohibited as trademarks under the Trade Marks Act 1995 (see IP Legislation), for instance, ‘Olympic Champion’.
It’s a good idea to brainstorm several business names and draw up a list of favourites. That way if your first choices aren’t available, your business start-up won’t be delayed by going back to square one!
For more information, read our articles on on Protecting your Idea and Setting up a Business.
