Choosing a name is one of the fun parts of starting a business. Registering it properly is the less exciting part, but it matters. In Australia, business names are registered nationally through the Australian Securities and Investments Commission, known as ASIC. You do not register separately with each state or territory.

This guide explains when you need to register, what you need first and what registration does and does not give you. It is general information based on government guidance. Fees and processes can change, so check the official pages before you apply.

What a business name is

A business name is simply the name your business trades under. It is the name you tell customers and put on your signs, quotes and invoices. It can be different from your own name or your company name. That difference is what decides if you need to register.

When you need to register

According to ASIC, you must register a business name if you run a business in Australia and are not trading under your own name. There are a few clear exceptions. A sole trader using only their first name and surname does not need to register. A partnership trading under all the partners’ personal names does not need to either.

A registered Australian company trading under its exact company name is also exempt. Once you add anything to these names, registration is needed. ASIC gives the example that John Smith needs no registration, but John Smith Gardening does. The same applies when partners add a trade to their names.

Trade and service businesses run into this all the time. A gardener might start out under their own name, then add the word Gardening or Landscaping to the sign. At that point, the name needs to be registered. Our article on landscaping professionals gives a feel for the kinds of services those businesses offer.

What you need before you apply

The business.gov.au website lists three things to sort out first. You need to choose your business structure. You also need an Australian Business Number, called an ABN. Finally, you need to check that the name you want is available.

ASIC Connect requires an ABN, or an ABN reference number if you are applying for one. You can apply for an ABN and a business name together through the Business Registration Service. In a joint venture, each partner’s ABN must go on the application. Sorting out the ABN first keeps things simple.

You will also need some contact details. ASIC asks for an Australian street address or PO Box where documents can be served. It also needs a physical street address in Australia for your principal place of business. Your email address and mobile number are not shown publicly.

Many small businesses start from home and later move into a shop or office. When that happens, your registered details need updating, which we cover below. A new workplace brings new upkeep jobs too, such as deciding whether to have your office plumbing inspected regularly. It helps to keep a simple list of these tasks.

Checking that the name is available

You cannot register a name that someone else already holds as a business name. The ASIC business names register lets you search before you apply. ASIC uses a traffic light system for the results. Green means available, amber means it will be assessed after you apply and red means it is unavailable.

It is also smart to check trade marks. Government guidance suggests using the IP Australia TM Checker for this. It also suggests thinking about a matching domain name and social media handles early. Finding a clash after you have printed signs and built a website would be frustrating and expensive.

ASIC also publishes rules for acceptable business names. Some state and territory laws limit the use of certain industry and professional terms. If your name includes a word tied to a particular profession or industry, check those rules first. It is far easier to adjust a name before you register it.

Fees and registration periods

You can register a business name for one year or three years. At the time of writing, business.gov.au lists fees of $47 for one year and $108 for three years. Fees are set by ASIC and can change. The online application takes about 10 to 15 minutes.

Confirmation depends on your information being correct, including your ABN, and the fee being paid. The government guidance says confirmation comes within two business days for credit card payments. Payments by BPAY, EFT or bank transfer can take up to five business days. ASIC then sends your record of registration by email.

What registration does not give you

This is the part many new owners miss. Registering a business name does not give you exclusive rights to use it. ASIC says registration protects you from another business using an identical or nearly identical name. It does not stop others using similar words, and it does not protect you from trade mark infringement claims.

If you want exclusive rights to a name, you need a registered trade mark. Trade marks are handled by IP Australia, not ASIC. ASIC has a separate guide comparing business names and trade marks. It is worth reading before you spend money on branding.

Displaying your business name

You do not need to display your certificate of registration. Your business name must, however, be visible wherever you deal with the public. Invoices and purchase orders must show the registered name and your ABN. It should also appear on other written communication, such as quotes.

Clear details matter most in service businesses that people turn to at hard times. Our article on the role of funeral directors looks at one service where trust counts for a lot. A plain, consistent name on every document helps people know who they are dealing with.

Renewals and keeping details up to date

ASIC emails a renewal notice at least 30 days before your renewal date. You can renew online through ASIC Connect. If you have several business names or a registered company, you can ask ASIC to change your renewal date so they line up. If you do not renew on time, ASIC may cancel the name.

Changes to your details must usually be reported within 28 days. This includes moving to a new address. Keeping your email current matters, since renewal notices arrive that way. A calendar reminder for your renewal date is a simple safeguard.

Big life changes can bring paperwork of their own. If you are planning to marry a partner from overseas, our guide to the prospective marriage visa covers that process. Once life settles, check that your business records still match your personal details.

Who can register a business name

Once registered, you become the business name holder. You can let someone else lodge the application for you as an authorised lodger, such as an accountant or a family member. ASIC is not involved in that private arrangement. People convicted of certain criminal offences or disqualified from managing corporations cannot hold a business name.

Frequently asked questions

Do I need a business name if I use my own name?

Not if you trade as a sole trader under your first name and surname only. ASIC says you must use those names and nothing else. Adding a word such as Plumbing or Design means you need to register. The same idea applies to partnerships.

Do I need to register in every state?

No, you do not. Business names are registered nationally. One registration covers the whole country. You do not need separate state or territory registrations for the name itself.

Does a registered business name protect my brand?

Only to a point. It protects you from another business using an identical or nearly identical name. It does not give you exclusive rights. For that, look into a registered trade mark through IP Australia.

What happens if I forget to renew?

ASIC may cancel the business name if it is not renewed on time. You should receive an email reminder at least 30 days before the date. Keep your contact email current so you do not miss it. Renewing as soon as the notice arrives avoids the problem.

This article is general information only and is not legal or financial advice. Rules and fees can change, and some state and territory laws also apply to business names. Speak with a qualified lawyer, an accountant or ASIC about your situation.