How to Register a Business Name in Australia
Looking to start your own business? While the process is a bit extensive, it is a relatively simple procedure. With a business name and a little time, you can ensure that your business name can only be used by you for trade in Australia. Once the process is over, you'll be ready to start trading under your business name with no fear of your rights being infringed upon.
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Instructions
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Check with the Australian Securities & Investments Commission to see if your proposed business name is already taken. This can be done by clicking "Business Names" (see Resources below) or by going to the ASIC website.
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Check to see if anyone is already using your business name as a trademark. You will want a name that isn't already trademarked, as this will give you proprietary rights. Do this by going to the "Trademark" link below or by going to the Australian Government IP website.
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Register your business name (only after verifying the name isn't trademarked). There are different ways of going about registering your business name, depending on which territory you live in. If you want to run your business in more than one territory, you must register in each territory. Do this by clicking "Register Name" below, or by going to the Australian government's website at business.gov.au
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Trademark your business name. This will ensure no one else can trade under your business name, and if they do, you have the right to sue. To trademark your name, go to the IP Australia website or simply click the "Register Trademark" link below.
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Enjoy making money under your trademarked, registered business name. It usually takes less than 3 months for IP Australia to get to a trademark application. You may inquire on the status of your application by calling the IP Australia Customer Services Network at 1300 651 010.
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Tips & Warnings
Check with your territory to see how often you must renew your business name.
Check the trademark database before registering your business name. If you register a business name that is already trademarked, the owner of the trademark can sue you for infringement.
Use your trademark. If it isn't used by you or on behalf of you for three years, someone may file an application for removal of your trademark.
If someone files an opposition to your trademark, you may have to go to a hearing to get your trademark. As long as you're not infringing on anyone's rights, this should not be a problem.
Resources
- Photo Credit www.asginvestigations.com
