You need to register any name that you operate your business under, unless it is your own name. This is a requirement under the business names legislation in your state or territory.
The registrar of business names nationally is the Australian Securities and Investments Commission (ASIC). The ASIC website outlines the process of Registering a business name. This sets out all the steps you need to follow, from checking that the name you want is available to what you'll need to have ready to apply for it.
Contrary to popular belief, your registered business name does not give you any proprietary rights in that name. Business names legislation is not designed to protect businesses. It is intended to protect consumers, so customers know who they are dealing with.
As well as registering your business name, consider filing a trademark application for the name and/or logo of your business. Trademark protection can help if you want your business to stand out, and you don't want your competitors to be able to piggyback off your brand. For more information on trademark protection, see our factsheet “What is a trademark and why might I need one?”
Justin Fung is a lawyer and the Head of Commercial and Corporate in our Avant Law team. Justin has over 15 years’ experience advising in commercial, corporate, risk, compliance, governance, regulatory enforcement and dispute resolution and advises clients in the private and public sectors. He was previously General Counsel of a national allied health group of companies and held Group and Divisional Head of Legal roles in a major ASX-listed health company, whose operations covered medical and dental centres, allied health, pathology, diagnostic imaging, assisted reproductive technologies, day surgeries and hospitals. Prior to these in-house legal roles, Justin was an Executive Counsel with the global law firm Herbert Smith Freehills where he practiced for over 10 years.
Disclaimer: The information in this article does not constitute legal advice or other professional advice and should not be relied upon as such. It is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of this content. The information in this article is current to 15 July 2022.
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