What should I do before applying for a business name?
Check to see if the name is identical or similar to a registered trademark, by using the free IP Australia Trade Mark Check (TM Check).
If you would like to register a domain name in addition to your business name, check to make sure that the domain name you want is available.
Check any state or territory licences you may require to use a name or conduct a particular type of business in your state or territory. For more information go to Business Licence Information Service.
Does a business name give me the exclusive right to use that name?
While having a registered business name will prevent others from registering the same or very similar business name or company name with ASIC, it does not give you ownership of the name or the exclusive right to use the name. Registering a business name:
- does not stop another person from registering a similar name
- will not prevent the name being registered as a trademark
- will not prevent the name being used by someone that has already registered it as a trademark; and
- does not protect you from legal action if the name of your business infringes the intellectual property rights of another (for example, a name which is a registered trademark).
Can I transfer a business name?
Yes, you can transfer a business name from one ABN to another.
You can transfer a business name by logging into or creating an ASIC Connect account by going to ASIC Connect. You will need to start a "cancel/transfer" process which will provide you with a transfer number. This number is then used to register the business name to the new ABN in the same manner as registering a new business name.
Patricia Holdings can transfer the business name for the same cost as registering a business name.
How long can I register a business name for?
You can register a business name for either 1 year or 3 years. Patricia Holdings takes the hassle out of the registration process and we are able to register a name on your behalf. Click here for more information.
Can I re-register a cancelled business name?
Yes. If ASIC cancel a business name as a result of unpaid renewal fees, you are able to apply to ASIC directly to have the business name re-instated. For 6 months following the cancellation ASIC will not allow anyone else to register the business name.
How do I renew my business name?
Renewing a business name can be done directly with ASIC via your ASIC Connect account. If you don’t have an ASIC Connect account you are able to create one at https://asic.gov.au/ by clicking on the blue “ASIC Connect” button.
You must have already received your business name renewal notice in order to renew the business name. Via ASIC Connect you are able to renew the name for either a one or three year period, pay for the renewal and request an invoice.
You can find more information about renewing a business name on the ASIC website
Can I use my existing business name as the name of my new company?
Yes, you can. Whoever owns the business name will need to be either a Director or a shareholder of the new company being incorporated. At the time of incorporation you will need to quote the ABN of the entity that holds the Business Name.
Can Patricia Holdings register a business name for me on my behalf?
Yes. You can register a business name with Patricia Holdings online here, or by downloading and completing a paper form available here.
You do not need to have set this entity up with Patricia Holdings initially.
Once we receive your order form we will apply for your business name on your behalf. Assuming the name is available; in most cases we are able to confirm the registration of your name on the same day and often in as little as an hour.
For prices, click here
Who can register a business name?
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Any entity with an ABN.
This could be:
- an individual (for example, a sole trader)
- an incorporated entity, including an Australian registered company (has an ACN), an Australian registered body (has an ARBN) or other incorporated entity (no ACN or ARBN)
- an unincorporated entity, including a trust, superannuation fund or unincorporated body or association
- a partnership or joint venture partnership, or
- a joint venture.
Do I have to register a business name?
If you choose to operate as a sole trader, partnership or a trust then you will need to register your business name with the Australian Securities & Investments Commission (ASIC) unless you trade under:
- your own individual name; or
- all of the individual names of the partners in a partnership
If you are not sure whether you need to register a business name, or need help to choose the right structure for your business, you may wish to obtain advice from a professional advisor such as a lawyer or accountant.
The obligation to register a business name is entirely separate to any steps that business owners may take to protect any intellectual property rights in a name or brand, such as registering a trademark.
What is a business name?
A business name is a name, other than its legal name, by which an entity can trade or be recognised.
Once registered, the business name appears on the public register so people can identify the individuals, companies, registered bodies or other organisations that hold the business name.
