Naming a Business

Choosing the right name will help ensure you’re creating the right image for your business, and in turn will help to distinguish it from your competitors.

Before deciding on your name you should familiarise yourself with the guidelines, along with the different registration requirements.

When do you need a business name?
If you choose to do business under a name that’s different to your own name, it needs to be registered. For example, registering Jane Smith is optional, while registering Jane Smith Cleaning Services is compulsory.

Business name, company or trademark?
What’s the difference? A business name is simply the name under which the business trades and it needs to be registered in every state where trading takes place.

A company name must be registered with the Australian Securities & Investments Commission (ASIC). But if the company wishes to trade under a different name, it’s also required to register the trading name as a business name.

If you want exclusive use or control over any aspect of your product or service offering, or the use of your business or company name, you might consider registering the trademark. A trademark is a letter, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or combination of these.

Choosing a name
Apart from choosing a name that accurately represents your business there are several other issues to consider.

If you’re planning a web site for your business you’ll need a domain name, or Internet address, which needs to be derived from your business name. You can check on the availability of domain names by searching the AusRegistry site.

It’s worth submitting some alternative names in your application because your first choice might not be accepted. If it’s too similar to an existing name, considered to be offensive, or if you use a word or phrase without consent (such as ANZAC), your application could be rejected.

How to register your name
Before registering your name you should search  ASIC’s National Names Index – a record of all company names and business names registered in Australia, which you can do free of charge. It’s also a good idea to search the trademark database on  IP Australia’s site for any pending or registered trademarks to be sure that your proposed name is not too similar.

You’ll need to get in touch with the relevant state or territory authorities, depending on where you plan to trade. For example, if you’re planning to do business in Victoria and Western Australia you’ll need to deal with Consumer Affairs Victoria and Consumer and Employment Protection in WA.

And you must make sure that all aspects of the business registration process, including applying for an Australian Business Number or Australian Company Number are completed before you start trading. For more information about these obligations you can contact the ATO or the appropriate authority in your local area.

Who owns your name?
Registration of your business or company name does not give you the exclusive right to use that name. To protect your name from exploitation by others you might consider registering it as a trademark. Similarly, registration of a name does not protect you from legal action by others over rights to the use of that name. As the owner of a trademark you have an exclusive legal right to its use throughout Australia.

You’ll need to renew your registration as required and advise the relevant authority of any changes to your details along the way.

Displaying your business name
Your registered business name must be included on your business stationery – letterhead, invoices, statements and orders – and displayed prominently outside every place of business carried on under that name.

Important information about advice
As this advice has been prepared without considering your objectives, financial situation or needs, you should, before acting on the advice, consider its appropriateness to your circumstances. View our Financial Services Guide (PDF 59kb).