It’s the first thing your customer sees, it reflects who your business is and distinguishes you from your competitors. Choosing a name for your business is one of the earliest and most important decisions you’ll make for your business, and one of the costliest to change down the line.
Here are some things to consider when you are considering whether to register and protect your business name:
Check if you need to register your business name
You’ll need to register your business name if you conduct business in Australia and are not trading under your own name. In some cases, you may not need a business name, for example:
- if you’re an individual trading under your own name
- if you’re in a partnership trading under all partners’ names
- if you’re already an Australian company and your operating name is the same as your company’s name.
Search your business name
Use the Business Name Check tool to check if your business name is available or if there are existing businesses with similar names. You’ll also be able to see if there are any domains (website addresses) available to match your business name.
You can also run an initial check on whether your business name is already trade marked using IP Australia’s free trade mark checker. This allows you to see if there are potential conflicts with other businesses who have exclusive legal rights to trade with that name.
Visit IP Australia’s new Trade Mark Checker tool to check your trade mark availability
Identify any other registrations you might need for your business
If you’re in the process of setting up your business, it’s important to keep in mind other key registrations for your business that are dependent on your business structure.
Whether you’re a sole trader, a company or a trust, business.gov.au provides a Help me decide tool to guide on the registrations you might need.
Apply for a business name
Once you’ve checked your business name and have confirmed the registrations you might need for your business, you’re now ready to apply. The Business Registration Service provides a simple way to apply for your business name. At the same time you can also apply for:
- an Australian Business Number (ABN) or Australian Company Number (ACN)
- Pay as You Go (PAYG) and
- withholding Goods and Services Tax (GST)
Make sure you understand the fees to register a business name.
Protect your business with a trade mark
Once you’ve registered your business name, you can also apply to protect your business name, branding and logo with a trade mark. Registering a trade mark for your business name, logo, or other sign means you have exclusive rights to use your trade mark in Australia and protects from others using your trade mark on similar goods and services. It also allows you to license your brand and authorise others to use it.
Learn more about registering trade marks by visiting IP Australia.
Trade marks aren’t a legal requirement, but rather a safeguard to give you more legal options if your business name is copycatted, or if someone else registers your business name as their trade mark and asks you to stop trading under it.
Resource summary
- Your business name Business Name Check tool
- Your trade mark Free Trade Mark Checker
- Your business structure Help me decide tool
- Your Business Registration Service
- In case you missed it, part one What is a Trademark?
More information at Business.gov.au and IP Australia.
Things you should know
This article is intended to provide general information of an educational nature only. It does not have regard to the financial situation or needs of any reader and must not be relied upon as financial product advice. As this information has been prepared without considering your objectives, financial situation or needs, you should, before acting on this, consider the appropriateness to your circumstances.
