Business Names

A Business Name is the name under which you trade, if not trading under your own name. The law obliges you to register this name for the purpose of public disclosure.

Registration does not give you exclusive rights/ownership of the name. Your Business Name can be registered by anyone in each of the other states. Trademark registration, if possible, will give you exclusive rights.

Prior to applying for a Business name or Company name, it is highly recommended that you ensure as much as possible, that your proposed name is not going to infringe upon any other organisations rights.

TradeMarks International ™ can register Business names in your state on your behalf.

Further information or email enquiries@trademarksinternational.com.au

Online form:

Please tick the appropriate area:

I/We have a business name but no Trademark protection, please call.
I/We intend to register a new business name, please call.
I/We want to know if our proposed business name is available, please call.
I/ We have registered a business name but are concerned it may infringe upon another company, please call.

Business Names registration is required in the following state, please call

Australian Capital Territory
New South Wales
Northern Territory
Queensland
Tasmania
Victoria
Western Australia

Name / Company name:	* Required
Phone Number:	* Required
E-Mail Address:	* Required
Comments:

Registration of a business name, company name, or domain name do not of themselves give you any legally-enforceable right to prevent others from using the same or similar name - however, a federally registered trade mark may give you that right.

Q: I have my name registered as a business name - am I fully covered?

A: No. A business names registration gives you no rights at all.

Q: Does a business name registration give me ownership in that name?

A: No. A business name registration does not give the registrant any ownership rights in that name.

Q: Does a business name registration give me the right to use that name.

A: No. A business name registration does not give the registrant any right to use it, especially if it contravenes the legal rights of others, including a federally-registered trade mark.

Q: Does a business name registration give me the right to prevent others from using that name?

A: No. A business name registration does not give the registrant any legally enforceable right to prevent others from using that name.

Q: Why bother to register a business name, then?

A: The state government requires anyone who intends to trade under a name other than their own name to register that name with the Office of Fair Trading, as a matter of public notice and public information. To not register such a name is against the law and an offence. Registering a business name is an obligation imposed on you by law, but gives you no rights, like paying tax.

Q: How then do I protect my name from use by others?

A: The most effective way of doing so is by getting a federally-registered trade mark, which gives you registered ownership rights, gives you the right to use the trade mark for the goods/services for which it is registered, and gives you the right to bring legal actions to prevent others from using the same or similar trade mark for the goods/services for which your trade mark is registered.

Ask Trademarks International (TM) a question.