Your Complete Guide to Business Names in Australia

Author: Jasmine Burrows, Progressive Legal

If you are in the process of starting a business, it is often the case that the first matter for consideration is what to name your business. Your business name plays a vital role in representing your brand on the market, and as such, it is important to be across all the legalities behind business names. 

This comprehensive guide to business names in Australia aims to provide entrepreneurs and business owners with valuable insights into the process of naming a business in Australia. From legal requirements to branding considerations, we will explore the key aspects of selecting and registering a business name in this diverse and dynamic market. 

Business Name Issues Covered In This Guide

Click on any of the questions you have below to jump straight to an answer in our business name guide:

I. Introduction to Business Names

• What is a business name?

II. Choosing and Registering a Business Name

• How do I choose a business name?
• Why do I need to register a business name?
• Who can Register a Business Name?
• Do I need to register my business name?
• When don’t I need to register my business name?
• What should I do before I register my business name?
• How do I register a business name?
• What is an ASIC Key?
• Does my business name registration expire?
• How much does it cost to register a business name?
• How long does it take to get a business name?
• Is my business name registration applicable nationally?
• Do I need to display my business name?

III. Differentiating Business Names

• What is the difference between a company name and a business name?
• What is the difference between a trading name and a business name?

IV. Renewing and Updating Business Names

• How do I renew a business name?
• How can I find when my business name is due for renewal?
• Can I get an extension of time to pay my renewal fees?
• Can I change my registered business name?
• How do I update my business name details online?

V. Business Names and Trade Marks

• What’s the difference between a business name and a trade mark?
• Why trade mark your business name?
• What is the registration process to trade mark a business name in Australia?
• What are some common pitfalls to avoid when trade marking a business name?
• How do I oppose a trade mark business name registration?
• When should I trade mark my business name?

VI. Key Takeaways

What is a business name? 

A business name is a registered name that helps customers to find and identify your business. Business names are linked to your Australian Business number (ABN).  

Your ABN is an identifying number which is used by businesses to interact with government departments and agencies.  

How do I choose a business name? 

Choosing the perfect business name can be an exciting and sometimes challenging task. After all, it’s the name that will represent your brand and leave a lasting impression on your customers. Here’s a simple guide to help you choose a business name that suits your vision and resonates with your target audience: 

Get to know your brand

Start by understanding the essence of your business. What makes it unique? What values and qualities do you want to convey? Knowing your brand identity will guide you in selecting a name that aligns with your business’s personality. 

Let the ideas flow

Grab a pen and paper (or your favourite note-taking app) and jot down keywords that are relevant to your industry, products, or services. Think about the benefits you offer and the emotions you want to evoke in your customers. Brainstorm freely and let your creativity soar. 

Research and analyse

Take some time to research your competitors and businesses in similar industries. Look at their business names and assess what resonates with you. This will help you understand the naming trends in your market and inspire you to come up with something unique. 

Stay within the legal boundaries

Ensure that your chosen name complies with the legal requirements set by ASIC. It should not mislead customers, be offensive, or infringe on existing trademarks. Be mindful of any specific regulations in your industry that might affect your name choice. 

Consider customer appeal

Put yourself in your customers’ shoes. Is the name easy to pronounce and remember? Does it evoke positive emotions? A catchy and memorable name can help your brand stay top of mind and create a strong connection with your target audience. 

Get feedback

Share your shortlisted names with trusted friends, family, or colleagues. Their perspectives can provide valuable insights and help you make an informed decision. Consider their feedback while keeping your brand vision in mind. 

Why do I need to register a business name? 

When starting a business, registering a business name is more than just a formality—it’s a strategic move that can have a significant impact on your success. Here are some reasons why having a business name is crucial for your venture: 

Branding

Firstly, a business name helps you build a strong brand identity. It’s like the face of your business that customers will recognise and remember. Think about it: when you hear names like ‘Nike’ or ‘Apple,’ you immediately associate them with specific products and qualities. Your business name can do the same for you, helping you stand out from the competition and create a lasting impression. 

Professionalism

Not only does a business name make you more recognisable, but it also adds a professional touch to your operations. It shows that you are serious about what you do and instils confidence in potential customers. Having a proper business name gives the impression that you are established, trustworthy, and committed to delivering high-quality products or services. 

Legal Protection

Another significant benefit of having a business name is legal protection. By registering your business name, you gain exclusive rights to use it in your industry within Australia. This means that others can’t simply use the same or similar name, preventing confusion and potential trademark infringement. It safeguards your brand and helps you build a solid foundation for long-term success. 

Consumer Trust and Credibility

A strong business name can inspire trust and confidence among potential customers. It signals professionalism, stability, and a commitment to delivering quality products or services.  

Marketing and Advertising

A well-chosen business name can make your marketing efforts more effective. A catchy and memorable name resonates with your target audience and helps your business stay top-of-mind. It creates a connection with customers, making it easier for them to recall your brand when they need your products or services. It also provides a solid foundation for your advertising campaigns and can be a key element in differentiating yourself from competitors. 

Online Presence and Digital Marketing

In today’s digital age, having a business name is essential for establishing your online presence. It allows you to secure a relevant domain name for your website and email addresses, making it easier for potential customers to find you online. Consistency across your digital platforms, from social media to online directories, helps strengthen your brand and ensures a cohesive experience for your audience. 

This is why we highly recommend registering your business name at Progressive Legal. Make an enquiry below or call us on 1800 820 083 to get in touch with our experienced commercial lawyers who will guide you through the process of registration.

Who can Register a Business Name? 

In Australia, different individuals and entities have the ability to register a business name.  

Sole Traders

As a sole trader, you can register a business name to operate your business under a name other than your legal personal name. 

Partnerships

Partnerships, which involve two or more people carrying on a business together, can also register a business name. This allows the partnership to operate under a name that represents all partners or reflects the nature of their business. 

Companies

Companies registered with the Australian Securities and Investments Commission (ASIC) are required to register a business name if they want to operate under a name that is different from their registered company name. 

Do I need to register my business name? 

Typically, you do need to register a business name with ASIC Australia if you own a business or trade within Australia. It is essential if you want to establish a strong brand identity and stand out from your competitors.  

Examples

• Peter Nguyen owns an electrical business as a sole trader. His legal name is Peter Brown. He wants his business to be known as Peter Nguyen Electrical. He must register his business name.  
• James Roberts and Jane Brown run a cleaning business together, operating as a partnership. Their partnership’s legal name is James Roberts and Jane Brown. They want their business to be known as James and Jane’s Cleaning. They must register their business name. 
• A proprietary limited company is registered with ASIC under its legal name ‘Daniel Li Pty Ltd’. The company wants to operate under the name ‘StrategicEdge Consulting’. It must register its business name. 

When don’t I need to register my business name? 

You must register your business name unless you fall within an exception captured under s 18(2) of the Business Names Registration Act 2011 (Cth). If you do not do this, you may be in breach of s 18 which is an offence of strict liability.  

As an offence of strict liability, it is immaterial whether you were aware, or intended to breach s 18 (s 18(3)). Where you are accused of contravening s 18(1), you will bear the burden of proving that you can rely on an exception in s 18(2) to avail yourself of the offence.  

Section 18(1) does not apply if: 

1. the entity is an individual and the name is the individual’s name (s 18(2)(a)); or 
2. the entity is a corporation and the name is the corporation’s name (s 18(2)(b)); or 
3. the entity is a partnership and the name consists of all of the partners’ names (s 18(2)(c)); or 
4. the name is registered to the entity on a notified State/Territory register (s 18(2)(d)); or 
5. an Act of the Commonwealth, a referring/adopting State or an affected Territory, or an instrument made under such an Act, specifies the name as the name of the entity (s 18(2)(e)); or 
6. the entity is a government body (s 18(2)(f)); or 
7. the entity is a notified successor in relation to the name (s 18(2)(g); or 
8. other circumstances prescribed by the regulations for the purposes of this paragraph apply. 

Examples

• If you operate as a sole trader and use your legal personal name as your business name, you generally don’t need to register it. For example, if your legal name is Mary Smith and you are a sole trader running a plumbing business and trading under Mary Smith, then you don’t need to register a business name.  
• If you are operating as a partnership and your business name consists of all the partners’ names, then you don’t need to register your business name. For example, if your partnership’s legal name is John Singh and Lily Yang and you wish to trade under John Singh and Lily Yang, then you do not need to register your business name.  
• If you are operating as a company, and you trade under your registered company name, you do not need to register for an additional business name. For example, if you are a proprietary limited company that is registered with ASIC using your legal name, ‘Smith Pty Ltd’ and you trade as ‘Smith Pty Ltd,’ then you don’t need to register a separate business name. 

What should I do before I register my business name? 

To apply for a business name in Australia, there are a few important steps and checks to consider. Let’s walk through the process to ensure a smooth registration experience. 

1. Consider whether you need to register your business name by reflecting on whether you fall within any of the exceptions to registration under s 18(2) of Business Names Registration Act 2011 (Cth). 

2. It’s necessary to have an ABN or ABN application reference number. Unless exempted, this is a requirement for applying for a business name. Obtaining an ABN is straightforward, and you can visit the official website of the Australian Business Register to apply. The best part is that registering an ABN is completely free of charge.

3. Before finalising your business name, it’s essential to conduct several checks to ensure its uniqueness and compliance. Firstly, check whether the business name is available. You won’t be able to register a business name that already exists. Use this business name check tool as a guide to see whether your business name is available for registration.

4. Verify if the name you have in mind is identical or similar to a registered trademark. You can use the free IP Australia Trade Mark Check tool. This step helps you avoid potential legal conflicts and protects your brand identity.

5. If you plan to have a website for your business and want to register a domain name, it’s crucial to check its availability. Visit the official website of the Australian Domain Name Administrator to verify if your desired domain name is up for grabs. Securing a domain name that aligns with your business name enhances your online presence and brand consistency.

6. Depending on your business activities and location, it’s important to check if any specific state or territory licenses are required. Certain industries or professions may have additional licensing requirements. To get detailed information about the licenses you might need, it’s recommended to contact the business license information service in your respective state or territory. You can also visit www.business.gov.au for valuable resources and guidance.

7. Once you have completed the necessary checks and obtained your ABN or ABN application reference number, it’s time to register your business name through ASIC Connect. Ensure that you have set up and activated your ASIC Connect account. Logging in will provide you with a step-by-step process and guidance on entering your ABN or ABN application reference number, business name holder details, and business addresses. 

By following these steps and conducting the necessary checks, you can register your business name with confidence, knowing that you have taken the right measures to protect your brand and comply with legal requirements. By following these guidelines and completing the necessary checks, you can ensure a smooth and compliant registration process for your business name. 

These steps may seem daunting and time consuming but this is where our experienced team specializes in seamlessly guiding you through these steps to ensure a smooth registration process. Enquire below to get in touch with us or call us on 1800 820 083. 

How do I register a business name? 

The Australian Government’s Business Registration Service brings together various business registrations, streamlining the process and making it easier than ever to get your business up and running. Here, you can apply for an Australian Business Number and register your business name online.  

You can also register a business name directly with ASIC by using ASIC Connect. Let’s walk through the step-by-step process of registering a business name with ASIC Connect 

Step 1: Log in or Register

First things first, log in to ASIC Connect. If you don’t have an account yet, don’t worry. You can easily register online. When logging in for the first time, remember to select “No” when asked if you have a current business. You don’t need an ASIC key to register. 

Step 2: Choose ‘Business Name’

Once you’re in, navigate to the top of the page and click on the ‘Licences and Registrations’ tab. From the drop-down box, select ‘Business name’ and hit ‘Go’. Take a moment to read the information provided, and make sure to tick the necessary boxes. When you’re ready, click on ‘Get started’. 

Step 3: Enter Your ABN

To register a business name, you must have an Australian Business Number (ABN) or have applied for one. Choose the relevant option, enter your ABN without any spaces, and click ‘Next’. 

Step 4: Provide the Proposed Business Name

Now, it’s time to enter the exact name you want for your business. Remember, business names are case sensitive, so be sure to type it exactly as you want it to appear on the register. 

Step 5: Select the Registration Period

You have the choice to register your business name for either one year or three years. Consider your preference and select the appropriate registration period. 

Step 6: Enter Business Name Holder’s Details

Provide the necessary details of the person or entity that will hold the business name. This may include the holder’s date of birth, depending on the situation. 

Step 7: Enter Business Name’s Addresses

Next, enter the addresses associated with the proposed business name. It could be your business address, mailing address, or any other relevant information. 

Step 8: Confirm Eligibility

Confirm that the business name holder is eligible to hold the name. This means they shouldn’t be disqualified or convicted of certain criminal offenses outlined in the Business Names Registration Act 2011. 

Step 9: Review Your Application

Take a moment to review your application and make sure that your business name is spelled correctly. Complete any required declarations and confirm that you have the authority to submit the application. 

Step 10: Make Payment and Confirm

Now, it’s time to make the payment for your registration. You can choose to pay by credit card, BPAY, or request an invoice. Remember, if you don’t pay within 10 days, your application will be cancelled, and you’ll need to start over. 

Once the payment is done, you’ll see a confirmation screen. Your business name should be registered within 48 hours after payment. Keep an eye out for the confirmation, and congratulations on registering your business name! 

That’s it! Following these steps will ensure a smooth registration process for your business name. Within no time, you’ll have your official business name registered with ASIC. 

What is an ASIC Key? 

Your ASIC key is like a special code that helps ASIC verify your identity and protect your business information. It’s unique to you and your business name, ensuring that only authorised individuals can make changes to it. It is comparable to the PIN used for your bank card.  

When you register a new business name or renew your existing registration, ASIC will send you your ASIC key. Think of it as an important piece of the puzzle that links your business name to your ASIC Connect account. 

Having your ASIC key handy is crucial because it allows you to easily manage your business name. You can use it to update your business name details or even cancel your business name if needed. It gives you the control and flexibility to make necessary changes whenever necessary. As a business name holder, you may share the ASIC key with authorised individuals to allow them to transact on your behalf.  

So, make sure to keep your ASIC key safe and accessible. It’s the key to unlocking a world of possibilities for managing and maintaining your business name with ease.  

Does my business name registration expire? 

If you don’t renew your business name registration, then the short answer is YES. If you want to keep trading under your registered business name, it’s important to stay on top of your business processes and registrations, which includes renewing your business name. 

As a business owner, you need to be proactive in managing your business affairs, and that includes ensuring your business name registration remains active. To do this, you must renew your business name regularly, either every 1 or 3 years, depending on your preference. 

When the renewal term for your business name comes to an end, you have the option to renew it for another 1 or 3-year term. It’s crucial to take this step to maintain the legal status of your business name and keep it protected. 

By renewing your business name on time, you can continue trading under that name without any interruptions or issues. It’s a simple yet vital process that ensures the ongoing success and recognition of your brand. 

How much does it cost to register a business name? 

You can find the fees for registration here. 

Registering

To register a business name, you will need to pay: 

1. $39 for one year; or 

1. $92 for three years.  

Renewing

If you want to renew a business name which is identical to the registration, you will need to pay: 

1. $39 for one year; or 

1. $92 for three years.  

Transferring 

If you are transferring a business name, you will not need to pay a transfer fee. However, the person buying / receiving the business will need to pay a fee once they register the business under their details. The receiving party will need to pay: 

1. $39 for one year; or 

1. $92 for three years.  

Get in touch with us by making an enquiry below if you need help with business name registration fees. 

How long does it take to get a business name? 

A business name application should take you around 12 minutes to complete online. If you have an ABN, have provided all the required documents, and paid the fee, you should get confirmation in: 

• 2 business days for payments by credit card; or 
• up to 5 business days for payment made by BPay, EFT or bank transfer. 

Is my business name registration applicable nationally? 

Business names are registered nationally, so you don’t need to register again with your state or territory.  

If you’ve had the same business name registered in multiple states or territories before the introduction of the national ASIC register, you’re in luck! With the national register in place, you don’t have to go through the hassle of renewing each registration separately. 

Here’s the deal: you can choose to renew just one of your business name registrations. Yep, that’s right! No need to worry about renewing the others. They will be eligible for ASIC’s automated cancellation processes. It’s a convenient way to streamline your business name management. 

But wait, there’s more! If you prefer to take matters into your own hands, you have the option to cancel any unwanted registrations through ASIC Connect. And guess what? You won’t be charged any fees for the cancellation. It’s a win-win situation. 

Do I need to display my business name? 

There are specific requirements for displaying your business name. It must be displayed in a way that is easily visible and legible to the public. For physical locations, it should be displayed at the entrance or in a location where customers can readily see it.

If you have an online presence, such as a website or social media profiles, your business name should be clearly visible on those platforms as well. Businesses are not required to display their certificate of registration. You should also have your business name and ABN on official correspondence such as quotes, invoices, and receipts.  

What is the difference between a company name and a business name? 

It is important to be mindful of the distinction between a company name and a business name.  

A company name is a separate legal entity whereas a registered business name is essentially the name under which you trade. A company name can be different to your business name. 

Some points of distinction include: 

• A company has the same rights as a natural person (i.e. to sue, be liable for legal actions, own property etc). A business name is not a separate legal entity, and therefore, does not enjoy these same rights.  
• The Corporations Act 2001 (Cth) applies to companies, whereas the Business Names Registration Act 2011 (Cth) applies to business names.  

What is the difference between a trading name and a business name? 

Before the establishment of the National Business Names Register on 28 May 2012, businesses in Australia had the option to use an unregistered name known as a “trading name.” However, it’s important to note that a trading name is not the same as a registered business name. To continue using a trading name, it must be registered as a business name. 

Although unregistered trading names are currently displayed on the Australian Business Register and ABN Lookup, this will change from November 2023. After this date, only registered business names will be displayed, and unregistered trading names will no longer be visible. 

To facilitate a smooth transition, a designated period from 28 May 2012 to 31 October 2023 has been implemented. This allows businesses using trading names sufficient time to inform their customers, suppliers, and other stakeholders about any changes to the name under which they conduct their business.

This transition period ensures that affected businesses have ample opportunity to adjust and update their branding and communications accordingly. 

It’s important to recognise the distinction between trading names and registered business names and to take the necessary steps to register your trading name as a business name to comply with the current regulations. By doing so, you ensure that your business name is recognised, protected, and displayed correctly in official records and platforms. 

How do I renew a business name? 

When it comes to renewing your business name in Australia, ASIC has got you covered. They’ll make sure you stay in the loop by sending you a renewal notice via email. If they do not have an email address under your business name, they will send the reminder to the physical address. It’s important to keep an eye on your inbox because you should receive this notice at least 30 days before your renewal date. 

Once that renewal notice lands in your email, you have a couple of options to get the renewal process underway. You can either hop onto ASIC Connect, their online portal, or take advantage of ASIC’s ‘Pay now’ service. Both options provide a convenient way to renew your business name hassle-free. 

Now, here’s the thing: timely renewal is crucial. If you let the renewal date slip by without taking action, there’s a chance that your business name might get cancelled. We definitely don’t want that to happen, so make sure you mark that renewal date on your calendar and stay on top of it. In most cases, you’ll receive confirmation of your business name renewal straight away.  

But hey, what if you haven’t received a renewal notice? Don’t panic just yet. There could be a simple explanation, and ASIC has instructions to help you figure out what to do in such cases. They’ve got your back and want to make sure you’re aware of your renewal obligations.  

Now, if you happen to have multiple business names or even have a registered company, you can make life easier by requesting ASIC to align the renewal dates for all your registrations. This way, you can streamline the process and keep everything in sync. 

Remember, it’s always a good idea to stay updated on your business name details. ASIC provides a handy tool that allows you to search their registers and verify the accuracy of your business name information. It’s a simple yet effective way to ensure that everything is in order and up to date. 

So, keep an eye out for that renewal notice, take action promptly, and use the resources provided by ASIC to stay on top of your business name registration. With these steps in place, you’ll have peace of mind and can focus on running your business smoothly. 

How can I find when my business name is due for renewal? 

You can easily check the renewal date for your registered business name on ASIC Connect. Just head over to the website and select the Business Names Register tab. From there, you can search within the Business Names Index by selecting it from the drop-down box. It’s a quick and convenient way to stay on top of your renewal deadlines. 

Can I get an extension of time to pay my renewal fees? 

Unfortunately, ASIC doesn’t offer extensions on the payment of registration renewal fees. You’ll have until the due date shown on your renewal notice to make the payment. We understand that life can get busy, so we recommend planning ahead and ensuring you have the necessary funds ready to go when the time comes. This way, you can smoothly complete the renewal process and avoid any late fees or complications. 

Can I change my registered business name? 

When it comes to changing your registered business name in Australia, there are a few important things to keep in mind. First off, you need to know that you can’t simply modify your existing business name, even if it’s just a minor change you’re after. If you want to operate under a different name, you must go through the process of registering it as a new business name. It’s like starting fresh with a brand-new name. 

Once you’ve successfully registered your new business name, it’s important to tie up loose ends by cancelling your previous business name. This ensures a smooth transition and avoids any confusion or legal complications down the line. 

It’s worth noting that changing your business name doesn’t impact your legal name. Your legal name remains unchanged, and any contracts or agreements you have in place will not be affected by the change in your business name. So, you can breathe easy knowing that your existing obligations and commitments will remain intact. 

Remember, registering a new business name and cancelling your old one is the proper way to make a change. By following these steps, you can ensure that your business is represented accurately and legally under the new name while maintaining the integrity of your existing contracts and agreements. 

How do I update my business name details online? 

There are several business name details you need to keep up‑to‑date as a registered business name holder including: 

• The name of the business name holder; 
• Address for service of documents; 
• Principal place of business; 
• Residential address; 
• Email address; 
• Mobile number; and  
• Birth details. 

If you need to update any of these business name details online, visit ASIC Connect. Here, you can also cancel your business name or provide consent for it to be transferred to other holders.  

What’s the difference between a business name and a trade mark? 

A business is the name under which your business operates which you must register with ASIC. You’ll receive an ABN.  A business name registered with ASIC does not give you any legal rights to the name. This means that if someone else uses your business name you don’t have any rights to stop them. 

Just because you have a business name, it doesn’t give you the right to use it. 

Most small business owners don’t know that a business name is simply a nickname, not a separate legal entity. Someone can actually come along and stop you from trading if they were there using the name first. 

Only an unopposed and registered trademark will actually give you the highest protection you need to be able to use it legally and be sure that you can. 

Why trade mark your business name? 

Registering your business name alone does not provide exclusive rights to use the name in the marketplace. To ensure complete protection, registering your business name as a trademark with IP Australia is your best bet. 

A registered trademark grants you exclusive rights to use the mark in connection with the goods and services for which it is registered. 

When you trademark your business name, you get the protection afforded to you under the Trade Marks Act. It means that if there is any trade mark infringement, you do not have to prove reputation and the process is much more straightforward than relying solely on misleading and deceptive conduct under the ACL or the tort of passing off. 

You can use a trademark as a shield or a sword. Let us explain: 

Protection – Your Legal Shield 

A registered trademark is your shield, offering the highest level of legal protection and safeguarding your business name from unauthorised use and potential confusion among consumers. 

If another entity uses a similar mark, you have a strong legal position to enforce your rights, regardless of reputation. Taking action against infringers becomes easier with the burden of proof simplified. 

Exclusive Rights & Brand Recognition – Your Legal Sword 

A registered trademark empowers you to build brand recognition, establish a strong presence, and differentiate yourself from competitors. With exclusive rights, you can prevent confusion and capitalise on consumer trust, enhancing your brand’s goodwill. 

Trademark registration grants you exclusive rights to use the business name in Australia for an initial period of 10 years, with the possibility of indefinite renewal upon payment of renewal fees. 

As a legal sword, you’re registered trademark business name builds brand recognition by preventing competitors from using similar names that could confuse consumers. 

This exclusivity establishes a strong brand presence, enhances consumer trust, and differentiates your business in the marketplace. 

Geographical Expansion

Once you have successfully protected your business name with a trademark in Australia, you can consider expanding into new markets. 

A registered trademark in Australia can serve as a foundation for obtaining trademark protection in other countries, ensuring the continued security and recognition of your business name. 

For more information regarding trademarking a business name, check out our page here. Alternatively, if you need expert legal advice when it comes to trademarks, be sure to contact our experienced trademark lawyers on 1800 820 083 or simply make an enquiry below.

What is the registration process to trade mark a business name in Australia? 

Trademarking a business name in Australia involves the following steps: 

Seek Legal Advice

It is highly recommended to seek guidance from a trademark lawyer who specialises in intellectual property (IP) law. At Progressive Legal, the expertise of our trade mark lawyers will ensure a smooth and effective trademark registration process. 

Conduct Preliminary Searches

Before filing for trademark registration, it is crucial to conduct preliminary searches to identify any potential conflicts or infringements. 

This step helps to avoid unnecessary complications later in the process. We offer a free trade mark search service to make this part of the process easier and more time-efficient for you. 

Application Filing

With the assistance of your trademark lawyer, file a trademark application with IP Australia. The application should accurately represent your business name and specify the appropriate classes of goods and services associated with your business. 

Examination and Response

Once your application is filed, it undergoes examination by IP Australia. In some cases, adverse reports may be issued, indicating potential issues with your application. 

We can help you interpret and address these adverse reports, modifying and reapplying if necessary. 

Registration and Enforcement

If your trademark application is accepted, your business name is registered as a trademark for a period of 10 years. During this time, it is important to actively use and enforce your trademark rights to protect your brand. 

For more information, check out our comprehensive trademark guide in Australia that covers everything you need to know as a business owner about trademarks. Make an enquiry below if your in need of trademark advice from our specialists. 

What are some common pitfalls to avoid when trade marking a business name? 

While trademarking a business name may seem straightforward, there are common pitfalls that applicants should be aware of. 

Failing to properly secure the rights to your business name can have serious consequences, including potential infringement claims and the need to rebrand. Here are some key considerations: 

Understand Your Rights

Be aware of your rights, or lack thereof, to use certain business names. Conducting thorough research and due diligence can help you avoid legal disputes and protect your brand’s integrity. 

Act Promptly

Time is of the essence when it comes to trademarking a business name. The sooner you apply for registration, the better, as registered rights are backdated to the priority date of your trademark application. 

How do I oppose a trade mark business name registration? 

During the two-month opposition period after someone applies to register a trademark, you can oppose the registration if they are attempting to register a trademark similar to your business name. 

Providing evidence that you were using the name first and continued to use it can support your opposition. Failing to oppose a trademark registration may allow the applicant to proceed with registration. 

However, if you used the mark before the registered holder, you may have a defence against infringement claims. 

When should I trade mark my business name? 

Once you have finalised a name, you must apply for a trade mark as soon as possible. Do not delay! You don’t want to lose the rights to a business name that you have spent so much time and effort deciding on. Make sure you obtain those legal rights as soon as you are content with your business name.  

Key Takeaways

Here, at Progressive Legal, we take pride in providing expert advice and guidance to countless Australian businesses regarding their business names. Our dedicated team of legal professionals is committed to ensuring that your business name not only complies with all relevant regulations but also effectively represents your brand identity. 

If you have any questions or uncertainties about choosing the perfect business name for your venture, don’t hesitate to get in touch with us. We understand the significance of a well-thought-out business name in today’s competitive market, and we are here to assist you every step of the way. Feel free to fill out the form on this page, or simply give us a call on 1800 820 083. 

Let Progressive Legal be your trusted partner in making informed decisions that will set your business on the path to success. Reach out to us today and take the first step towards creating a strong and memorable presence in the market. Your success is our priority, and we look forward to assisting you with all your business name needs.