By Sally Crosswell, Journalist for Proctor, Queensland Law Society
A business name should be registered on the Australian Business Register so it can be easily identified and not registered in another place.
Registration also helps avoid the use of names which are undesirable or which should be restricted.
It is governed by the Business Names Registration Act 2011 (Cth) which requires “an entity that intends to carry on a business under a business name to register the business name on a nationally established and maintained register of business names”.
Business is defined as an activity or series of activities done:
- in the form of a profession, a trade, employment, a vocation or a calling; or
- in the form of an adventure or concern in the nature of trade; or
- on a regular or continuous basis, in the form of a lease, licence or other grant of an interest in property.
The registration process
An application to the Australian Government Business Registration Service requires the business’s identification details, Australian Business Number (ABN) and registration period (up to three years). An applicant will need to check whether a business is already using the name, as a business name and/or as a trademark.
The name will be registered with the Australian Securities and Investments Commission if the business has an ABN, and the applicant pays the registration fee, chooses a name which is available, and is not disqualified from registering a business.
There are limits on the use of profession names, with some professions requiring a person to be licensed or registered before they can use titles, such as architect or veterinarian, in their business name.
When is a business name registration cancelled?
There are many reasons for this, including:
- the business has not used the name for at least three months;
- the registration has expired;
- the name infringes a registered trademark; or
- the business breaches a condition of registration.
What if someone is using my registered business name?
Registering a business name does not mean the business has exclusive rights to the name, or prevent another business from registering a similar name. To achieve this, the business needs to trademark the name, so it cannot be used legally by any other business.