Registering Your Business Name and Registering Your Brand Name

August 20, 2016

When Are You Appropriate to Annals Your Business Name?

You are answerable to annals your business name with the Australian Securities and Investment Commission (ASIC), so continued as you:

  1. Include added words in your business name besides your own. For example, Graham Jones Pool Cleaning or Henderson & Sons would both crave registration.
  2. Are trading beneath a name that is annihilation but your own
  3. If you are operating a aggregation (including legalities Pty Ltd) and you wish to barter beneath a name that is not your aggregation name.

The alone absolution to allotment is if you are trading beneath your own name: that getting your accustomed name or initials, followed by your surname.

You are not acceptable to use an unregistered business name, or a name that is not either your own name, or your corporation’s name.

The Rights of a Registered Business Name Owner

Business name allotment is not the aforementioned as cast registration, and does not appear with the aforementioned rights and powers. If you wish to assets your business name for your own absolute use, you accept to administer alone for cast registration, as the searches, applications, and appliance processes are absolutely altered from one another. Business name allotment does not:

  1. Grant you absolute rights over the business name
  2. Stop others from registering a confusingly agnate name
  3. Stop addition affair from appliance your business name as a trademark
  4. Stop a above-mentioned cast holder from appliance your business name (in fact, you will acceptable be anarchic on their rights)
  5. Prevent addition affair demography acknowledged activity adjoin you if you borrow on their rights

Choosing Your Business Name

A abnormally identifiable business name, forth with the amicableness that comes with the name, is an important asset to accept if you’re ambidextrous with consumers, lenders, and competitors. It is account advance time in advancing up with a able business name because this name could in actuality add amount to your business. Your business name is axial to both your angel and branding.

Your business name accept to reflect the attributes of your business. It should advice consumers accept what types of appurtenances and casework you provide.

Make abiding that your business name or cast name is:

  1. Short and sweet
  2. Simple to accent and spell
  3. Memorable
  4. Timeless
  5. Logical
  6. Inoffensive
  7. Not misleading

When you’re trading internationally, analysis the account of your business name in added cultures.

Applying for Registration

Once you accept absitively on a name for your business, you should acquaintance ASIC to actuate whether your business name is still accessible for registration, and to annals your business name.

The appliance can be done online. You will charge to accommodate the afterward information:

  1. Your Australian Business Amount (ABN) or, in the least, an ABN appliance advertence number
  2. Your adopted business name and the time aeon you wish to annals for, be that either one year or three.
  3. The area or locations of your business
  4. The abounding names and the addresses of anniversary owner

Registering your business name is affordable. It will amount you approx. $35 to annals for one year, upwards of $76 for three years. Once you accept registered, you are appropriate to accommodated a amount of acknowledged obligations. If you abort to accede with these obligations, you accident getting fined or accident your barter name.

Display your business name or your cast name: It is capital that you affectation your business name alfresco of all of your business locations so continued as the business is accessible to the public.

Additionally, all of your accord and abstracts charge be monogrammed with your business name. These abstracts cover letters, invoices, statements, publications, notices, orders, and receipts.

Once your business name is registered, you will accept a almanac of this. It is recommended that you affectation this almanac in your abode of business, although this is not enforced.

Renew your registration: In adjustment to use the aforementioned business name indefinitely, you are appropriate to renew your registration. If you carelessness to renew your registration, your business name is removed from the ASIC annals and addition affair can administer to annals it as their own. If this happens, you will be appropriate to cease operating beneath that business name.

Update your details: All changes to business buying charge be appear to ASIC aural 28 canicule of occurring, including the names of owners or a change in address. Similarly, if you adjudge to change your business name or if you acquisition that you accept misspelled the name in your application, acquaintance ASIC.

Shutting down your business: If you wish to cease trading, you charge to forward a appeal to ASIC at atomic 28 canicule afore you abutting down your business. ASIC will after acquaint all of the added humans recorded on your business name’s register, forth with the business name holder. This analysis is performed to stop actionable attempts to abolish out a business name.

If you plan to abutting your business, you accept to forward ASIC a appeal to abolish your business name at atomic 28 canicule beforehand. ASIC will again acquaint the business name holder (and any added humans recorded in the business names register). This prevents unauthorised attempts to abolish a business name.

Trademarking Your Business Name

When you’re allotment your business name, you ability wish to accept something that will aswell be acceptable for cast registration. If you annals your business name as a cast as able-bodied as a barter name, you can assure your character from competitors. Cast allotment gives you different and absolute rights to your business name, including atypical buying and aegis adjoin actionable usage.