Registering a business name does not give the holder exclusive name rights. The holder may be subject to legal action for using a business name that has the potential to mislead the public.
The holder may be inadvertently infringing someone else’s trade mark with the proposed business name. Choosing a business name that infringes an existing trade mark can be a costly exercise—it could mean hefty legal bills, drawn out disputes and even the closure of the business. That is why it’s so important to undertake a trade mark (TM) check. Visit IP Australia to search trademarks
A holder that is part of a franchise needs consent from the franchise owner to use the business name. Visit the Franchise Council of Australia for more information about franchises.
The holder should check for any state or territory business licences that may be required. Get tailored information about government-related licences, registrations and permits at the Australian Business Licence and Information Service (ABLIS).
The holder may want to register a domain name in addition to the business name. For more information and to search for available domain names before applying for a business name see the Australian Domain Name Administrator (AUDA).
The privacy notice explains how we collect and disseminate the information provided in this application.