Business Name FAQ

A lot of confusion exists surrounding the need for a business name.

In this article we will go through a few FAQ:

Do I need an ABN if I want to have a business name?

Yes, to apply for a registered business name you will need to have (or be in the process of applying for) an Australian Business Number (ABN). In order to run a business operation, you need to have an ABN.

When do I need a Business name?

If you would like to operate and trade under a name which is different to the name of the legal entity, eg Jacob Mowing services PTY LTD for a company or Jacob Smith as a sole trader, you require a business name. If instead you would want to operate simply as Jacob Mowing services, you need to have that name registered.

What is the difference between a legal name and a business name?

The legal name of an entity is the name that appears on all official documents and legal papers. If you have a private company, the legal name typically will have PTY LTD (or any variation of ‘proprietary limited’). If you have registered as a sole trader your full name that was registered with the ABN will be the name of the legal entity. 

Below is a useful diagram from the Small Business WA website demonstrating when you would need a Business name.

Can I have more than one business name?

Yes, a single ABN can have more than one business name. The business names will help customers and clients find, identify and connect with your business.

What is a good Business name?

The name of your business is at your full discretion. It is important to choose something that will help your customers easily identify and connect with your product or service. You can change your Business Name as your business will grow and change so it is not uncommon for businesses to go through numerous name changes over its life. As such there is no need to stress too much about choosing the perfect name. 

However here are a few tips:

• Have the target customer in mind when you’re choosing the name of your business.

• Choose something that excites both you and your customers.

• Make sure it won’t get mistaken for another business name

• Have fun with it. Alliterations such as Brainy Ben, Cool Cakes etc make your Business have a fun ring to it. 

• Don’t spend to much time on it though. You can always change it at a later date.

How do I check if a business name is available?

You are able to check the availability of a business name by clicking the link to our website Company123 here. 

There are three criteria for determining whether a business name is available under the Business Names Registration Act 2011 and the Business Names Registration (Availability of Names) Determination 2015:

1. Is the business name the same as an existing business or company name?

A business name is identical or nearly identical to another name if, despite the characters used in the name, it may be pronounced the same as the other name. Eg; 

 ‘Cool@maths’ is the same as ‘Kool at mathz’

‘100% fun’ is the same as ‘one hundred percent fun’ 

‘Dollars and scent’ is the same as ‘$ and scent’

2. Are the words and expressions taken to be the same as another business (schedule 1) 

A business name is identical or nearly identical to another name if the words and expressions in the name are taken to be the same. 

Services that are taken to be the same eg:

i. Build, builders, buildings, building services, construct, constructions, construction services, fabrications, developments

ii. roofing, roofing services, roof repairs, roof restorations, roofing solution

iii. auto body repairs, body repairs, body shop, body works, crash repairs, dent removal, motor body repairs, panel beating, panels, panel works, smash repairs, detailing

iv. massage centre, massage therapy, remedial massage, sports massage, therapeutic massage, massage

Locations that are taken to be the same eg:

i. Australian, Australia, Aussie, Aus, Aust

ii. Victorian, Victoria, VIC

iii. Tasmanian, Tasmania, TAS

iv. New South Wales, NSW etc.

Symbols that are taken to be the same eg:

i. 1, one 

ii. 2, two etc

iii. %, percent

iv. @, at

v. &, and

Goods that are taken to be the same eg:

i. fuel, petrol, petroleum, diesel

ii. pics, pix, shots, snaps

iii. bedding, mattress, bed

iv. fone, phones

v. footwear, shoes

vi. bicycles, bikes, cycles

3. Is it a restricted word or expression (schedule 2) 

A word or expression mentioned in Schedule 2 is a restricted word or expression in relation to entities and businesses unless the Minister has given written consent to the use of the word or expression. Eg

i. Ambulance, Ambulance service

ii. Bank

iii. Chamber of Commerce

iv. Chamber of Industry

v. Charity

vi. Charter

vii. Credit Union

viii. Fire Brigade

ix. GST 

x. Incorporated

xi. RSL

xii. Made in Australia

xiii. Police

xiv. Stock exchange 

You can only use these terms if indeed you have the rights to do so. This also includes using terms such as NDIS without the permission of that government agency.

4. Is the name undesirable?

A Business Name can be considered undesirable if it is considered by ASIC to be offensive to the general public or members of a section of the general public.

A Business Name can also be considered undesirable if it suggests a connection with any of the following that does not exist eg:

i. The Crown

ii. Commonwealth Government

iii. A department, authority or instrumentality of the Commonwealth Government;

iv. The Government of a foreign country

v. A charitable organisation

vi. Member of the Royal Family

Interestingly the legislation also specifically includes that any non-consensual association with Sir Donald Bradman or Mary MacKillop is not permitted as a Business Name.

Further note that when creating a Business Name the following do not assist in the differentiation between to Business Names. They will be considered the same if the only difference is:

1. Use of “a”, “an” or “the”.

2. Use of entity types such as association, co-operative, incorporated, limited, pty, etc.

3. Whether a word is singular or plural.

4. Font, upper/lower case, spaces, hyphens, punctuation marks, accents.

5. An abbreviation or acronym.

6. Use of domain name indicators such as “www”, “net”, “org” or “com”.

Is a business name a trading name?

‘Trading name’ is an old term, and now ‘trading name’ and ‘business name’ can be used interchangeably.

Specifically, a ‘trading name’ refers to an unregistered name that businesses could use before the introduction of the National Business Names Register on 28 May 2012.

A trading name is not a registered business name. Now, any name you wish to ‘trade’ under needs to be registered with ASIC for it to be valid.

The Australian Business Register and ABN Lookup still display unregistered trading names however they will be removed from November 2023 and only registered business names will be displayed.

A transition period from 28 May 2012 to 31 October 2023 is in place to allow businesses affected by the removal of trading names sufficient time to inform their customers, suppliers and other stakeholders of any changes to the name that they use to conduct their business. However, these businesses are able to register their old trading names through ASIC to have a valid Business Name.

‘Business name’ is the newest and most correct term and refers to names registered with ASIC after May 2012.

Business name refers to the title your business operates under.

You can register a business name here.

Can I have a Business name in more than one state or territory?

A. If your business name is registered in more than one state or territory, all your business names will have transferred to ASIC's national business names register. You may now have multiple identical business names registered to you. You can choose to keep one business name record (e.g. the business name with the latest registration expiry date) and cancel the registration of your other remaining business names. There is no fee to cancel a business name.

Keeping only one business name may reduce the administrative burden of maintaining several business name registrations (including receiving multiple notices for each registration) and minimise the potential for confusion from consumers in determining the business name holder’s correct details.

Does applying for a business name give my business protection over competition?

Even though a Business Name must be unique, it doesn’t grant you any exclusive trading, branding or ownership rights over that name. A trademark however, once registered with IP Australia gives you exclusive rights to commercially use, license and/or sell the trademark. Trademarks are a form of Intellectual Property that grant you these protections where no one in Australia will be able to use the registered trademark for the class of goods and services it’s been applied under.

You are welcome to contact us at Company123 as IP agents to help you through the application process. 

Please call us at 03 9832 0660 for a trademark consultation or explore our trademark services here.

What information can I get about a Business Name?

Most of the information on the Business Names Register is available free of charge. Some information is only available by purchasing an extract.

The fee charged will depend on the type of extract you purchase. It is a good idea to check the free information available before paying for an extract. More information is available about the ASIC fees on their search fees page.

You can buy a current and historical business name extract using ASIC Connect.

Extracts for business name holders cannot be purchased online. You will need to complete an Application for person and organisation information from the business names register 

From there you can find who the current owner of the Business name is and all prior owners of that Business Name whether it be an individual or another entity.

What information can’t I get about a Business Name?

Personal information about the Business Name owner is not available to public for reasons of privacy. Examples of private information include the owner’s date and place of birth as well as their residential address. 

The Business address can be shown in some circumstances however if the principal place of business is the same as the owner’s residential address, only the city, suburb, state and postcode will be shown.

The service of documents address will always be displayed in full, even if it's the same as the holder's residential address. You can request that ASIC supress these details on the register.

If ASIC approves a request to suppress details, they'll remove information from their registers. The word 'suppressed' will appear where information has been suppressed.

Do I need to display a record of registration of my Business Name?

The owner of a Business name no longer needs to display a record of the registration of that Business name in the shopfront. This used to be a rule however was removed in 2012. 

If you still would like a printed version of your certificate or if you would like it framed for your personal needs, you can ask for one on our Business Name Registration form.

However, Businesses must display their business name itself in places where they are open to the public. For example, on their shopfront.

What do I do once I have registered my Business Name?

Once the business name has been registered, we'll email you a copy of your record of registration. You can then trade using the name.

If your details change, you must update your details with us. (for example, if you've moved addresses).

You must prominently display your business name wherever you're open to the public, like at your storefront. You must also include your ABN on any business correspondence that you send out, like invoices or purchase orders.

How do I check my business details are up to date?

To check your business name details through the Business Names Index:

Step 1 - Go to ASIC Connect search

Step 2 - Select 'Business Names Index' from the drop down box in the top right corner

Step 3 - Enter the ABN or name of the business you're looking for

You'll see a list of matching results on the business names register.

Step 4 - Select your business name from the list

You'll see a summary of the business name details. You can also save them as a PDF.

How do I know when my Business Name is ready for renewal?

You can check the renewal date for your registered business name on ASIC Connect. Select the Business Names Register tab and search within the Business Names Index which you select from the drop-down box.

What happens if I don’t renew my business name?

If you don't renew your business name on time, ASIC may cancel it. Find out more about ASIC initiated cancellation of a business name.

Can I transfer a Business Name to a new holder?

The law does not allow you to transfer or assign a business name to another holder. However, you can choose to cancel the business name and notify us of your consent to transfer the business name to another holder.

This can be done in the same transaction. When you submit a request to cancel the business name, select the Cancel and transfer option. We will then email you the transfer number.

You can then provide this number to the new proposed business name holder, where they can use it to apply to register for the business name. If the new registration does not occur within three months from cancellation, the transfer number will expire and the name will become available for the public to register.