How To Register a Business Name

Company123 as ASIC agents provide a quick and simple business name registration through our easy online form.

You have the option for both 1 year and 3 year business name registration.

We are also happy to offer renewal of business name services, through a similarly easy online form.

Why Register a Business Name?

A registered business name helps customers find, identify and connect with your business. You can have multiple business names linked to your Australian business number (ABN).

If you want to trade your business under a specific name, you need to register it as a business name with the Australian Securities & Investments Commission (ASIC).

It’s an offence to carry on business under an unregistered business name unless you trade under your own name such as Mary Jones. If you want your business to trade under a name that is different from your legal name, then you’ll have to register it as a business name.

You only have to register your business name once. The business names register is National and once registered, the business name can be used Australia wide.

Importance of a Business Name

 If you're in business, the name of your company is probably one of your most valuable assets. An effective name is one that establishes a strong identity and describes the type of business you're conducting. It's not unusual for companies to go through one or more name changes as they grow.

Choosing a name for a company can be the first step in developing a new identity for the business and establishing a new image. It's the first impression the public will have of your growing company.

When choosing a business name, keep the following tips in mind:

    -Choose a name that appeals not only to you, but also to the kind of customers you're trying to attract.

  - -To get customers to respond to your business on an emotional level, choose a comforting or familiar name that conjures up pleasant memories.

    -Don't pick a name that's long or confusing.

    -Stay away from cute puns that only you understand.

    -Don't use the work "Inc." after your name unless your company is actually incorporated.

    -Don't use the word "Enterprises" after your name; this term is often used by amateurs.

What is the difference between ‘trading name’ and ‘business 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. If you wish to continue using a trading name, you need to register it as a business name.

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.

‘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.

What’s the difference between owning a business name and owning a trademark?

Registering  your business name doesn’t give you any exclusive trading, branding or ownership rights over that name. Only a trademark can offer that kind of protection.

Even though registering your business name means it’s registered nationally, it doesn’t mean that another business can’t operate with a similar name.

To be able to completely protect your brand, and be able to legally stop other businesses from using your brand name commercially, you should also register a trademark.

Trademarks are a form of Intellectual Property that allows your to distinguish the goods or services of your business from those of other businesses. It gives you exclusive rights to commercially use, license or sell the trade mark. This means that no one else in Australia can commercially use your trade mark within the class of goods and services its registered under.
IP Australia is the government body that regulates all Intellectual Property in Australia.

As IP agents, Company123 can guide clients through the application process.

Please call 03 9832 0660 for further trademark help or explore our trademark applications options here.

Owning both the business name and trademark for your business gives your brand the ultimate protection.

Is my registered business name protected overseas?

Your business name is registered nationally, however to extend that protection overseas, once registering an Australian trademark, you can register an International Trademark.
Company 123 can also handle all your international trademark needs.

International Trademarks can be done concurrently as Domestic Trademarks using the Madrid Protocol system.

If applying for an international trademark within 6 months of lodging of a Domestic Trademark, the international trademark can claim priority and be backdated to the date of the original domestic lodgement.

All countries covered by the Madrid Protocol can be found here.

For more information on the international trademark process see here or call our trade mark specialists at 03 9832 0660.

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

A legal name is the name of the entity that appears on all official documents or legal papers. It can be different to your business name. If you’re a company, it will be your full company name including proprietary limited (PTY LTD or any variation). For example, the legal name ABC Pty Ltd. This name will be established through company registration. If you’re a sole trader, your legal name will most likely be your own name. Other legal names include the name of a partnership or an incorporated association.

If you want your business to trade under a name that is different from your legal name, then you’ll have to register a business name with the Australian Securities and Investments Commission (ASIC). You can do that here.

When should I register a business name?

You will need to register a business name if you carry on business within Australia and are not trading under your own name.

Here are examples of when you need to register a business name:

• A proprietary limited company is registered with ASIC under its legal name Aaron Anderson Pty Ltd. The company wants to operate under the name ‘AZ Solutions’, so it must be registered as a business name.
• Tessa Scott owns a florist business as a sole trader. Her legal name is Tessa Scott and she wants her business to be known as Scott’s Flowers.
• Sean Smith and Dominic Jones run a building business together, operating as a partnership. Their partnership’s legal name is Sean Smith and Dominic Johnson and they want their business to be known as Sean and Dom’s Building.

If this situation applies to you, you can register a business name here.

When shouldn’t I register a business name?

Exceptions to needing a business name include:

    -if you are operating as an individual and your operating name is the same as your first name and surname
   -if you are in a partnership and your operating name is the same as all the partners' names, or
    -if you are an already registered Australian company and your operating name is the same as your company's name.

Here are examples of when you don’t need to register a business name:

• A proprietary limited company is registered with ASIC using its legal name Heather Collins Pty Ltd. As the company will operate under the legal name, it doesn’t have to register a business name. In fact, registering the company automatically registers the legal name as a business name.
• Carol Sheaves runs a book-keeping business and operates as a sole trader. Her legal name is Carol Sheaves. Because she is happy to operate her business as a sole trader under her legal name, she doesn’t have to register her business name.
• William Davis and Geoff Rice have a panelbeating business together, operating as a partnership. Their partnership’s legal name is William Davis and Geoff Rice. They are happy to operate under their legal name, using all of the partners’ names, so they don’t need to register a business name.
  

Can I change my business name?

You can’t update a registered business name, even if you only want to make a slight change to it. If you want to trade under a different business name, you must register a new one. You can either cancel your existing business name (if you don’t want to use it anymore), or keep your existing business name (in case you want to use it later or for a different part of your business).

Can I transfer my Business Name?

Transferring from individual to company:

In order to have the business name incorporated into a company, you will need to first register a company.
Company registration in Australia involves setting up a company as its own legal entity, which lets you conduct business throughout Australia.
You can also make use of other privileges, such as corporate tax rates or limited liability.

Step 1: fill in a company registration form at Company123.
Step 2: receive all company documents within minutes, sign and file
Step 3: receive ABN, TFN and GST registration (if necessary) and begin operations

In order to ensure the business name transfers you will need to make sure the individual who owns the business name is either a director or shareholder.
You will also need to input the business name’s ABN to the question “Is your company name a registered business name”.

If in doubt we recommend that you discuss your needs with an accountant or solicitor for professional advice. Company123 provides free consultations if needed and over the phone advice within business hours of 9-6pm at 03 9832 0660.

Transferring from company to company or individual to already existing company:

If a company is already in existence and wants to own the business name, there is a separate process for transfer.

Company123 offers this service through ASIC connect as ASIC agents, as described here.

You can see more about this process at the video below.

How do I cancel my Business Name?

If you are retiring or ceasing business, you can cancel your business name.

You can do this through ASIC connect, as seen here.

As ASIC agents, Company123 also offers this service. Please call or email our specialists for more information.