Starting a business in Australia is an exciting venture, filled with opportunities and challenges. One of the very first, and most crucial, steps you’ll take is choosing and registering your business name. Your business name is more than just a label; it’s the cornerstone of your brand identity, the name your customers will remember, and a legal requirement for operating in Australia.
But the landscape of business name registration in Australia is changing. With the upcoming retirement of trading names and other significant updates in 2025, it’s more important than ever for entrepreneurs and business owners to be informed and prepared. This guide will walk you through everything you need to know about securing your business name in Australia, from understanding the new rules to choosing a name that sets you up for success.
The Clock is Ticking: The End of Trading Names is Near
For many years, Australian businesses have used trading names to operate under a name different from their legal entity name. However, this is all about to change. The Australian Business Register (ABR) is officially retiring trading names, and the deadline is fast approaching.
What are Trading Names and Why are They Being Retired?
A trading name was an unregistered name that a business could use. It was a simple way to brand a business without going through a formal registration process. For example, if ‘John Smith Pty Ltd’ wanted to operate a cafe called “The Daily Grind,” they could use “The Daily Grind” as their trading name.
However, the lack of a formal registration process for trading names led to confusion and a lack of legal protection. To streamline the system and provide greater clarity and security, the Australian government decided to phase out trading names in favor of a single, national business names register.
The November 1, 2025 Deadline: What it Means for Your Business
As of November 1, 2025, trading names will no longer be displayed on the Australian Business Register (ABR) and will cease to be a recognized business identifier.
This means if you are currently using an unregistered trading name, you will no longer be able to legally operate under that name after the deadline. To continue using your business name, you must register it as a formal business name with the Australian Securities and Investments Commission (ASIC).
How to Transition from a Trading Name to a Registered Business Name
If you’re currently using a trading name, don’t panic! There’s still time to make the switch. Here’s what you need to do:
- Check if your name is available: The first step is to see if your desired business name is available for registration. You can do this using the business name availability checker on the ASIC website or with the help of a service provider like Company GURU.
- Have your ABN ready: You’ll need an Australian Business Number (ABN) to register a business name. If you don’t have one, you’ll need to apply for one first.
- Register your business name: Once you’ve confirmed your name is available and you have your ABN, you can proceed with the registration process. This can be done directly through the ASIC website or by using a business registration service to handle the paperwork for you.
Business Name vs. Company Name vs. Trademark: A Clear Distinction
One of the most common points of confusion for new business owners is the difference between a business name, a company name, and a trademark. While they may sound similar, they serve very different purposes and offer different levels of protection.
What is a Business Name?
A business name is the name under which you conduct your business. If you’re not trading under your own name (for a sole trader) or your legal company name, you are required by law to register a business name. Registering a business name allows you to trade under that name anywhere inAustralia. However, it does not give you exclusive ownership of the name.
What is a Company Name?
A company name is the legal name of a company that has been registered with ASIC. A company is a separate legal entity from its owners, and the company name will typically end with “Pty Ltd” for a private company or “Ltd” for a public company. While you can trade under your registered company name, many companies choose to register a separate business name for their branding.
What is a Trademark?
A trademark provides you with exclusive rights to use a particular name, logo, or slogan in relation to the goods or services you offer. Unlike a business name, a registered trademark gives you legal protection against other businesses using a similar name or logo. If you want to ensure your brand is fully protected, registering a trademark is a crucial step.
Feature | Business Name | Company Name | Trademark |
Purpose | Name to trade under | Legal name of a company | Protects brand identity |
Protection | No exclusive rights | Legal entity recognition | Exclusive rights to use |
Registration | ASIC | ASIC | IP Australia |
Requirement | Required if not trading under your own/company name | Required to form a company | Optional but highly recommended |
Your Step-by-Step Guide to Business Name Registration in Australia
Now that you understand the basics, let’s walk through the process of registering your business name in Australia.
Step 1: Choosing the Perfect Business Name
Your business name is a critical part of your brand, so take your time with this step. A good business name should be:
- Memorable and easy to pronounce: You want a name that customers can easily remember and share with others.
- Descriptive of what you do: A name that hints at your products or services can be very effective.
- Unique: Avoid names that are too similar to your competitors to prevent confusion.
- Available: Before you get too attached to a name, make sure it’s available to be registered.
Step 2: Checking for Name Availability
Once you have a few name ideas, it’s time to check if they’re available. You can use the ASIC business name availability checker to see if your desired name is already taken. It’s also a good idea to check:
- The trademark register: Use IP Australia’s trademark search to see if your name is already trademarked.
- Domain names: Check if a corresponding domain name is available for your website.
- Social media handles: See if you can secure the same name on the social media platforms you plan to use.
Step 3: Having Your ABN Ready
As mentioned earlier, you’ll need an ABN to register a business name. If you don’t have one, you can apply for one through the Australian Business Register (ABR) website.
Step 4: The Registration Process
You have two main options for registering your business name:
- Directly with ASIC: You can register your business name online through the ASIC website. The process is relatively straightforward, but it’s important to ensure all your details are correct.
- Using a service provider: Companies like Company GURU can handle the entire registration process for you. This can be a great option if you’re short on time or want to ensure everything is done correctly.
You can choose to register your business name for one or three years, and you’ll need to renew it before it expires.
Step 5: Post-Registration: What’s Next?
Once your business name is registered, you’ll receive a record of registration from ASIC. You must display your business name and ABN on all your public-facing documents, such as invoices, receipts, and your website.
10 Common Pitfalls to Avoid During Business Name Registration
The business name registration process can be tricky, and there are a few common mistakes that can cause delays or even lead to legal issues down the track. Here are 10 pitfalls to avoid:
- Choosing a name that’s too similar to an existing one: ASIC has strict rules about identical and similar names. Do your research to ensure your name is unique.
- Not checking for trademarks: Registering a business name doesn’t protect you from trademark infringement. Always check the trademark register before you register your name.
- Forgetting to register a domain name: In today’s digital world, your website is your shopfront. Secure your domain name as soon as you’ve chosen your business name.
- Providing incorrect information: Double-check all your details before you submit your application. Any errors can cause delays.
- Not understanding the difference between a business name and a company name: Make sure you’re registering the right one for your business structure.
- Ignoring the rules for restricted words: Some words, like “bank” or “charity,” have restrictions on their use.
- Failing to renew your registration: Your business name registration will expire after one or three years. Make sure you renew it on time to avoid losing it.
- Thinking a business name gives you exclusive rights: Remember, only a trademark can give you exclusive rights to your name.
- Not displaying your business name and ABN: This is a legal requirement, so make sure you comply.
- Waiting until the last minute to register: The business name registration process can take time, so don’t leave it until the last minute, especially with the 2025 deadline for trading names looming.
Looking Ahead: Other Key Changes for Australian Businesses in 2025
The retirement of trading names isn’t the only change on the horizon for Australian businesses. Here are a few other key updates to be aware of in 2025:
Fee Increases for Business Name and Company Registrations
ASIC periodically reviews its fees, and we can expect to see an increase in the cost of registering and renewing business names and companies in 2025. Staying on top of these changes will help you budget accordingly.
Changes to Director ID Requirements
Director Identification Numbers (Director IDs) are a unique identifier for company directors. The rules around Director IDs are becoming stricter, and it’s crucial for all company directors to have one.
Other Relevant Legislative Changes
The Australian government is constantly updating its business laws and regulations. Staying informed about these changes is essential for ensuring your business remains compliant. Working with a trusted business registration service can help you stay up-to-date.
Why Choose Company GURU for Your Business Name Registration?
Navigating the world of business name registration can be complex, but you don’t have to do it alone. At Company GURU, we specialize in helping Australian businesses get set up for success.
Our Expertise and Experience
Our team of experts has years of experience in business registrations. We know the ins and outs of the process and can guide you through it with ease.
A Hassle-Free Process
We handle all the paperwork and complexities for you, so you can focus on what you do best – building your business. Our streamlined process makes business name registration quick and easy.
Our Range of Services
From business name registration and company formation to ABN and GST registration, we offer a comprehensive suite of services to get your business off the ground.
Conclusion
Your business name is a valuable asset, and it’s essential to get the registration process right. With the retirement of trading names and other key changes on the horizon, there’s never been a better time to get your business name in order.
By understanding the new rules, choosing a name that sets you apart, and avoiding common pitfalls, you can ensure your business is built on a solid foundation. Whether you choose to navigate the process yourself or enlist the help of a professional, taking the time to register your business name correctly is a crucial step on your journey to success.
Ready to register your business name? Contact Company GURU today, and let us help you get started!