How to Register a Business Name
Before you register a business name with ASIC, there are a number of things you should consider in your planning.
Below are a few questions you will need to ask yourself before you start the registration process.
Do I need 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 name.
Unless:
– you are operating as an individual and your operating name is the same as your first name and surname
– you are in a partnership and your operating name is the same as all of the partners’ names, or
– you are an already registered Australian company and your operating name is the same as your company’s name.
Okay, I need to register a business name but does it protect my name from being used by someone else?
Registering a business name with ASIC does NOT provide exclusive ownership of your business name. The process of registering a business name is a legal obligation if you carry on or trade in Australia. Also, registering a business name will not prevent the name being used by somebody who has registered it as a trademark. This is an important point – and one that every business owner should be aware of.
So how do I protect my business name?
Generally, the only way to gain exclusivity over a particular business name is to register it as a trade mark with IP Australia.
To assist new business start-ups, IP Australia has developed a new simplified online trademark search, called TM Check where you can search for existing trademarks to ensure your business name does not infringe on an existing registered trademark.
What information do I need to register a business name?
During the application process you will need to provide your ABN, individual and birth details, an email address, a residential address and an address for the service of documents.
What are the steps to register a business name?
Step 1: Go to ASIC Connect and log in to your account.
When you log in for the first time, you will be prompted to add any existing business names to your account. Select ‘No’ and then’Licenses and Registrations’.
Step 2: Enter your Australian Business Number (ABN)
You must have either an ABN or an ABN application reference number.
Step 3: Enter the proposed business name and registration period
Make sure the proposed business name is available to register. Registration periods are for either one year ($34) or three years ($79).
Step 4: Enter the proposed business name holder details
Enter the proposed business name holder details in the fields provided.
Step 5: Enter the addresses of the proposed business name
You must provide an address for service of documents, a principal place of business address
and an email address. An SMS address is optional.
Step 6: Confirm the eligibility to hold the proposed business name
Read the eligibility requirements of a business name holder.
Step 7: Review your application
Check that the information displayed is correct.
Step 8: Make your declarations
Read the declaration to ensure you agree with the conditions of the transaction.
Step 9: Make your payment
You can choose to pay your registration fee using a credit card, BPAY or alternatively you can request an invoice.
Step 10: Confirmation
This will confirm your transaction has been submitted with ASIC.
