Choosing the right name will help ensure you’re creating the right image for your business. It will also help to distinguish it from your competitors. Before deciding on a name for your new venture it is important to familiarise yourself with the different registration requirements. A business name is the name under which your business operates. Registration identifies the owners of the business. Registration is compulsory and must be completed before the business starts trading. The business name can be registered nationally with the Australian Securities & Investments Commission (ASIC), meaning that your business can operate in any state or territory. A Company name, also called a registrable body, must be registered with ASIC. If you wish to trade using a name other than your registered company name, you must register that trading name as a business name. A Domain name identifies an organisation’s address on the internet, either a website address (the domain name follows the ‘www’) or an email address (the domain name follows the ‘@’ symbol in the email address). All computers on the internet have a unique identifying number – an Internet Protocol address. Because Internet Protocol addresses are difficult to remember, we use a domain name – a unique name that corresponds with an Internet Protocol address. A trade mark is used to distinguish your goods or services from those of other traders. When you register a trade mark you obtain exclusive use of the trade mark throughout the Commonwealth of Australia. Be aware that registering a business, company or domain name does not in itself give you any proprietary rights to the “name” – only a trade mark can provide that kind of protection. According to IP Australia (the Australian Government agency that administers intellectual property rights and legislation relating to patents, trade marks, designs and plant breeder’s rights), the same word(s) may be registered by different people as a business name in other states and territories. However, if you have a registered trade mark, you can take legal action for infringing your trade mark if the business name owner uses it for goods or services like those covered by your trade mark registration.
How to register your business
You don’t need to pay someone to register your business, you can do it yourself, online. The steps involved in registering your business are:
- Deciding on your business structure
- Applying for your Australian Business Number (ABN)
- Checking your chosen business name is available
- Registering your business name
- Registering your website domain name
Useful Links
www.business.gov.au is an online government resource providing information on starting a business in Australia ASIC Connect is the online service for registering and updating registry details with the Australian Securities & Investments Commission (ASIC). National Business Names Registration Service allows businesses to register their name with a single register nationally and is managed by the ASIC. The rules and policies for registration of domain names in com.au may be viewed here. To apply to register a trade mark go to IP Australia. For further information and advice about setting up a business consult an experienced business advisor, accountant or solicitor.
