When do I need to register 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 entity name.
You do not need to register a business name if the entity is, for example:
- an individual and the business name is the individual’s name (their first name and surname)
- a registered company and the business name is the company’s name, or
- a partnership and the business name consists of all of the partners’ names.
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’.
If you are unsure about whether you are exempt from registering a name, or whether you are carrying on a business or trading within Australia then contact us for assistance.
A business name does not give you exclusive trading rights over the name.
The differences between business names, trade marks, company names and domain names sometimes cause confusion. Business name holders often think that by registering a business name they have protected a brand or trading name – whereas in fact the business name laws that exist today do not offer that type of protection.
The new business names laws have not changed any of the existing law relating to trade marks or to intellectual property in a name. Be aware that registering your business name does not give you ownership of that name. Registering a particular name does not stop another person from registering a similar name nor does it give you the exclusive right to use the name or part of the name. Also, registering a business name will not prevent the name being used by somebody who has registered it as a trade mark. This is an important point – and one that every business owner should be aware of. The obligation to register a business name is a legal obligation which is entirely separate to any steps that business owners may take to protect any intellectual property rights in a name or brand, such as registering a trade mark.
Generally, you must register a business name if you carry on business in Australia and you are not trading under your entity name.