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Guide 4 of 5 · Before the first client

Registering a business name: when you need one, and what it doesn’t give you

A sole trader needs a registered business name only when trading under something other than their own first name and surname. Registration lets you trade under the name and stops anyone else registering an identical or nearly identical one, but it gives you no exclusive right to it: only a trade mark does that.

General information, not legal advice about your name. The official places to check are ASIC for business names and IP Australia for trade marks.

Your own name, and nothing added

ASIC’s rule for sole traders is exact. Trading as an individual under your first name and surname needs no business name; trading under your own name means those two names and nothing else. ASIC’s own example is a gardener: the person’s name alone needs no registration, while the same name with “Gardening” or “& Co” after it does.

On that rule, a marketer who invoices as their first name and surname has nothing to register, and one who adds a word such as “Social” or “Media” to it does. Business names are registered nationally, so there is no separate state or territory registration.

Before you apply: check the name, the trade marks and the handles

  • The register. Search ASIC’s business names register to see if the name is free. ASIC’s availability check answers green, amber or red; amber or red can mean the name is identical or nearly identical to one already registered, and amber can also mean a word the system doesn’t recognise, such as a made-up word, an unusual spelling or words run together, which then waits for a person at ASIC to assess it.
  • Trade marks. “You can’t register a business name that someone else has registered as a business name or trade mark.” business.gov.au points to IP Australia’s TM Checker for the trade mark search. ASIC warns that registering a name that is someone else’s trade mark may lead to legal problems.
  • Other laws. Other laws can reach a name too: ASIC notes that certain industry and professional words are restricted under some state and territory laws. Where a registered name could break another law, the responsible body may say it can’t be used, or act against the holder, and ASIC keeps the registration fee.
  • Who lodges it. Someone else can register the name for you, an arrangement ASIC describes as private between the two of you, with ASIC not involved. A person convicted of certain criminal offences, or disqualified from managing corporations, can’t hold a business name.
  • The domain and the handles. business.gov.au suggests registering a domain name that reflects the business name, even before you are ready to use it, and considering social media handles for the business too. For a business whose shop window is its social accounts, the handle is part of the same decision.

What registration gives you, and what it doesn’t

It gives you

  • The right to carry on business under the name.
  • A register entry no one else can duplicate: ASIC won’t register an identical or nearly identical name for anyone else.
  • One registration for the whole country.

It doesn’t give you

  • Exclusive rights to the name.
  • Any power over a person who holds the name as a registered trade mark: they can still use it.
  • A way to stop others using similar words or expressions in their own business names.
  • Protection from legal action if you use someone else’s trade mark.

The exclusive right comes from a trade mark, registered with IP Australia. business.gov.au lists what a trade mark helps with, among them to “get exclusive use of that trade mark throughout Australia” and to “have protection in all Australian states and territories for an initial period of 10 years.” The two are not either-or: ASIC says the business name still has to be registered even when a trade mark protects it.

Cost and timing, as at October 2026

business.gov.au gives ASIC’s fees to register a business name as $47 for 1 year and $108 for 3 years. For the current figures, business.gov.au points to the fees and payment options on ASIC’s website.

business.gov.au says applying online might take around 10 to 15 minutes, and that with the right information (including your ABN) and the fee paid, confirmation should come within 2 business days for payment by credit card, or 5 business days by BPAY, EFT or bank transfer. ASIC says you can start using the name when it appears on the register.

Applying through ASIC Connect needs an ABN or an ABN reference number; the Business Registration Service lets you apply for an ABN and a business name together.

Once the name is yours

  • Show it. The certificate needn’t be displayed, but the name must be visible to the public wherever you do business, and on all written communication such as invoices and quotes. What else an invoice must carry is in the tax invoices guide.
  • Keep it current. You must tell ASIC about changes to your details, usually within 28 days.
  • Renew it. ASIC emails a renewal notice at least 30 days before the renewal date, and if the name isn’t renewed on time, ASIC may cancel it.
  • Close it. business.gov.au says both the ABN and the business name need cancelling within 28 days of ceasing trading.

A registered name also travels with your work. When client pieces appear in a portfolio under it, the portfolio guide covers showing them.