Protecting Your Business Name
Contrary to common belief by business owners, Registering your Business name does not protect it from being used by others. You need to Trademark it.
According to ASIC, registering a business name doesn't mean you own it, or that you are preventing other people from being able to register and use similar names.
Generally, the only way to gain exclusivity over a particular business name is to register it as a trade mark with IP Australia. ( www.ipaustralia.gov.au )
Do I need to Register My Business Name?
If you are trading as a business under a name that is not registered by ASIC, you could get yourself in big trouble. Carrying out a business under an unregistered business name is an offense under the Business Names Registration Act 2011. ( https://www.comlaw.gov.au/Details/C2011A00126 ).
If you are not registered, ASIC is the place for Business Name Registrations. The good news is that you can do it all online.
Is your Business Name registered?
Check now to see if your business name is registered. You may be surprised to find that it is not...
Is your Business Name Trademarked?
You can check for trademarks here...
http://pericles.ipaustralia.gov.au/ols/tmcheck/tmcheck.html
Starting a New Business?
If you are staring a new business, check out this ASIC video on how to register properly...
What is a Business name?
A business name is simply a name or title under which a person or entity conducts a business. In Australia, unless you fall within an exemption, you must register your business name.
What is a Trading name?
Trading names have become obsolete. A trading name was a term used by the ATO - used by an entity or person to trade under. A trading name is not a registered business name.
Upto 28th May 2012, Trading names where collected and updated by the Australian Taxation Office (ATO). This is no longer the case. In 2018, the records of old trading names will be removed from the ABN lookup website.
More Info:
- Business Names Registration Act 2011: https://www.comlaw.gov.au/Details/C2011A00126
- ASIC for Business: http://asic.gov.au/for-business/