How do I register my business name?

Now that you've found the perfect name you need to register it. A name can be a business name, company name, trade mark or domain name.

It's important to understand the differences between each, what they offer in terms of protection or exclusivity and how to register the right type of name.

Your business structure will affect the type of name you register

Before deciding on which type of registration you will use, think about your business structure.

Business name

In Western Australia a business name is a name used by a commercial profit-seeking enterprise under which it operates. It is compulsory to register a business name before you start trading.

Currently, registration is administered by each state and territory separately, but as of 28 May 2012 these state-based registration systems will be rolled into a national business names registration service.

This will mean that if you plan to operate in more than one state or territory, you will not need to register your business name in each one (as of 28 May 2012), you will only need to register once and be able to operate in all states and territories.

Registering a business name gives you the rights to use that name for a nominated period of time. It does NOT give you ownership of that name. If you want exclusive rights over the use of a particular name, you will need to trade mark it.

Business names are currently registered through the Department of Commerce, but from 28 May 2012, business names will be registered through the Australian Securities and Investments Commission

Company name

A company name is a name registered under federal Corporations Law and is administered by the Australian Securities and Investments Commission (ASIC). If your company chooses to trade under a name that is different from its company name, the company must register the trading name as a business name.

For more information about the legal implications and protection offered by a company name and structure go to Business Structures.

Domain name

A domain name is your unique address on the Internet. Ideally, it should contain the whole or part of your business name so your customers can easily find you online. You can register a domain name with any of the registrars accredited by Australian Domain Names Administrator (auDA).

Trade mark ™

A trade mark is a word, phrase, letter, number, logo, picture, sound, smell, shape, aspect of packaging or a combination of any of these that is used to distinguish your products or services from those of other traders.

The registered owner of a trade mark has a right to exclusively use the trade mark for their products and services throughout Australia. You can register a trade mark with Intellectual Property Australia (IP Australia).

If you have registered a business name it may be wise to consider registering it as a trade mark to ensure your business name is legally protected.

For more information about trade marks and other forms of intellectual property protection go to Intellectual Property.

What's next...

• Register a business name
• Which business structure will suit your business?
• Do you need any other business licences and permits to operate?

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