To register a business name in Australia, you need an ABN or an ABN application reference number, then you register the name through ASIC Connect or the Australian Government's Business Registration Service, which lets you apply for an ABN and a business name together. You must register a name if you trade under anything other than your own first name and surname.
The own-name rule is stricter than people think. ASIC's example: John Smith doesn't need to register John Smith, but he does need to register John Smith Gardening or John Smith and Co. Add one word and it's a business name.
Here's when you need one, how to check a name is free, and what registration does and doesn't protect.
Do you need to register a business name?
| You trade as | Register a business name? |
|---|---|
| A sole trader using only your first name and surname | No |
| A sole trader using anything else, like your name plus a trade | Yes |
| A partnership using all partners' names | No |
| A partnership using a trading name | Yes |
| A company using exactly its registered company name | No |
| A company using a different trading name | Yes |
ASIC's partnership example is Peter Nguyen and Helen Lee: no need to register their two names, but Nguyen and Lee Plumbing needs registering.
Step 1: check the name is available
Search the business names register and choose check business name availability. ASIC uses a traffic light system:
- Green: the name's available.
- Amber: ASIC needs to assess it after you apply. Made-up words, unusual spellings and words joined together often show amber because the system doesn't recognise them, and they go into a queue for a manual check.
- Red: the name's unavailable, often because it's identical or nearly identical to a registered name.
Stuck for ideas? Our ChatGPT prompts for business names help you shortlist options before you search.
Step 2: sort out your ABN
To register through ASIC Connect you need an ABN, or an ABN reference number if your application's still being processed. Or use the Business Registration Service to apply for both at once. Joint ventures must put each partner's ABN on the application. Not sure you need one? Read do I need an ABN first.
Step 3: register the name
- Choose ASIC Connect if you already have an ABN or reference number, or the Business Registration Service if you need both.
- Enter the name and your details. ASIC requires certain contact details, and the public may search the register for your address.
- Choose a registration period. ASIC offers 1 year or 3 years.
- Submit. Once registered, you're the business name holder.
You can let someone else, such as an accountant, solicitor, friend or family member, register it for you as an authorised lodger. That's a private arrangement between you and them, and ASIC isn't involved.
Rules once you're registered
- Display your business name prominently wherever the business is open to the public, like your shopfront. You don't need to display the certificate.
- Put your registered business name and ABN on business documents such as quotes and order forms.
- Tell ASIC about changes to your details, usually within 28 days.
- Format it however you like. Capitals, lower case or a mix are all fine.
If you want protection beyond the register, start with a trade mark search with IP Australia.
What registration doesn't protect
A registered business name stops another business registering an identical or nearly identical name. It doesn't stop people using similar words in their names, and it doesn't protect you if your name uses someone else's trade mark. ASIC suggests registering a trade mark if you want stronger protection, and searching existing trade marks first.
Other laws can apply too. Some state and territory laws limit industry and professional terms in names. If a registered name breaches another law, the responsible body can tell you to stop using it or take action against you. People convicted of certain offences or disqualified from managing corporations can't hold a business name.
Business name versus company name
A business name and a company name aren't the same thing, and mixing them up causes a lot of confusion. A registered company already has a legal name, and it only needs a separate business name if it trades under something different. A sole trader or partnership never gets a company name by registering a business name: registering a name doesn't change your business structure, your liability or your tax setup. It's a label on the public register that tells customers who's behind the name they see.
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That's also why the register is public. People can look up who holds a business name, which builds trust with customers who want to check you're real before they get in touch.
Common mistakes
- Assuming a domain name or social handle means you own the business name. They're separate.
- Registering before checking trade marks, then having to rebrand.
- Adding a word to your own name, like Consulting, and forgetting that now needs registering.
- Letting the registration lapse at the end of the period you chose.
My advice: check the name, the trade mark search, the domain and the social handles on the same afternoon. If any one is taken, pick another name before you've printed anything.
You'll need an ABN first, so see how to apply for an ABN.
Frequently asked questions
Do I need to register a business name in Australia?
Yes, unless you trade only under your own first name and surname, all partners' names, or your exact registered company name.
Do I need an ABN to register a business name?
Yes. You need an ABN or an ABN reference number, or you can apply for both together through the Business Registration Service.
What does an amber result mean on the business name check?
ASIC needs to assess the name after you apply. Made-up words, unusual spellings and joined words often show amber.
How long can I register a business name for?
ASIC offers registration for 1 year or 3 years.
Does registering a business name protect my brand?
Only against identical or nearly identical registered names. For stronger protection, ASIC suggests registering a trade mark.
Can someone register a business name for me?
Yes. An accountant, solicitor, friend or family member can act as your authorised lodger. It's a private arrangement and ASIC isn't involved.
Must I display my business name?
Yes, prominently wherever the business is open to the public, such as your shopfront. You don't need to display the certificate.
