Business Registration
Business Name
Review how business names work, when they are needed, and how they fit beside company names, ABNs, and trademarks.
Overview
Business Name explained
A business name in Australia is simply the name you trade under that is different from your own name or your company's legal name. It is registered with ASIC, but registering it does not create a separate legal entity or give you ownership of the words.
If you trade under anything other than your personal name as a sole trader, or your registered company name, you generally need to register that business name. It links to your ABN and identifies you to customers and suppliers.
Cockatoo helps you understand where a business name fits so you can tell it apart from company names, ABNs and trademarks before you commit.
What to check
Key points
- A business name is a trading name, not a legal structure or an entity in itself.
- It is registered with ASIC and must be connected to an active ABN.
- Registration does not grant exclusive rights; only a trademark does that.
- Sole traders trading under their own legal name usually do not need to register one.
Before you start
What you'll need
- An active ABN, or an ABN application in progress, to attach the name to.
- The exact wording of the name you intend to trade under.
- An understanding of whether a similar name is already registered or trademarked.
- The legal entity details that will hold the name (you, a partnership or a company).
- A sense of how the name will appear on signage, invoices and your website.
Process
How it works
- Confirm whether you legally need to register, based on how you will trade.
- Check the name is not identical or too similar to an existing registration.
- Decide which entity will hold the business name and align it to that ABN.
- Consider whether the name is also worth protecting with a trademark.
Avoid these
Common mistakes
- Believing a registered business name stops others from using a similar name.
- Confusing the business name with the legal name of a company.
- Trading under a new name without registering it when registration is required.
- Choosing a name that clashes with an existing trademark in your industry.
Common questions
Business Name FAQs
When do I need to register a business name in Australia?
You need to register a business name whenever you trade under a name that is not your own personal name (as a sole trader) or your company's registered legal name. If you simply use your own name, registration is usually not required.
Does registering a business name protect it?
No. A business name registration identifies who is behind the name, but it does not give you exclusive rights or stop others from using something similar. To protect a name as a brand, you need to register it as a trademark with IP Australia.
What is the difference between a business name and a company name?
A company name is the legal name of a registered company, ending in Pty Ltd, and the company is its own legal entity. A business name is just a trading name attached to an ABN. A company can also register and trade under additional business names.
Can two businesses have the same name?
ASIC will not register an identical or nearly identical business name, but similar names can still coexist if they are distinguishable. Because registration does not confer exclusivity, checking trademarks is wise if you want a name to be genuinely yours.
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