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Trading names used to be an acceptable way of identifying your business. However, changes introduced by the Australian Securities and Investments Commission (ASIC) have rendered ‘trading names’ a thing of the past as we move further into 2025.
Trading names have now been replaced with business names – meaning every business must register their business name. The process is relatively straightforward, and the benefits far outweigh the risks of operating under a name that does not appear on the national register. There are a few exceptions to this rule, which we’ll discuss below.
Additionally, if you are looking to get your business name registered, you may also be considering how trademark and copyright law impact your business identity. For further guidance on your overall legal obligations when starting a business, you might want to check out our Getting Started with Your Legals guide.
Read on to find out more.
Trading Name vs Business Name
A trading name refers to a name that a business uses but is not officially registered. The National Business Names Register – which commenced on 28 May 2012 – now requires that all names used in trade be registered as a business name.
In essence, you must register what was once deemed a trading name. Registering with ASIC not only gives you an official business name but also safeguards your brand identity. For more detailed advice on business structure, see our Operating as a Sole Trader and Partnership guides.
Does A Business Name Need To Be Registered?
If you continue to use a business name that is not registered, you are likely breaching the Business Names Registration Act 2011 as it stands in 2025. The safest option is to register your business name with ASIC to ensure your business is legally recognised under the current Corporations Act.
Operating under an unregistered business name can also trigger follow-ups from ASIC and may negatively impact your reputation if potential clients or partners search the Australian Business Register and find no record. Ensuring your business is fully compliant builds trust and credibility.
How Do I Register A Business Name?
Registering a business name is a simple process that can be completed online via the ASIC website. First, you will need to verify that the name you want is available – you can conduct this check using the ASIC Name Availability Search. If your first choice isn’t available, try variations until you find one that works.
Once you have selected an appropriate business name, fill out the required details. The registration fee is currently $37 for one year or $88 for three years, after which you will need to renew your registration. For expert assistance, our team can help with your registration process to ensure every detail is correctly completed.
Can I Trade Under My Own Name?
There is an important exception to the requirement to register a business name. If you are operating your business using your own name – for example, Jane Doe running a consultancy – you do not need to register a separate business name. This exemption applies if you are a sole trader or are involved in a partnership.
If you prefer not to use your own name for branding purposes, then you must register a business name to operate under an alternative identity.
| Example For instance, if Jane Doe starts a clothing manufacturing business as a sole trader and chooses to operate under her own name, no registration is necessary. However, if she wishes to trade as “JD Clothing”, she will need to register that business name with ASIC. |
Do I Need To Register Anything Else Such As Trademarks?
Taxes
When registering your business name, you have the option to enrol for various taxes that might be applicable. These include:
- Goods and Services Tax (GST)
- Fringe Benefits Tax
- Pay As You Go (PAYG) Withholding
- Wine Equalisation Tax
- Luxury Car Tax
- Fuel Tax Credits
The taxes applicable to your business depend on its nature and size. For instance, many businesses earning over $75,000 a year will need to register for GST. To learn more about your tax obligations, our guide on compliance with business regulations can provide further insights.
Trademarks
If your business relies on a distinctive logo, slogan, or even a signature colour to set it apart, you should consider registering a trade mark. It is important to note that registering your business name does not automatically protect your brand in the way that a trade mark does. A registered trade mark prevents competitors from using similar marks that could confuse consumers.
For example, Cadbury successfully trademarked a specific shade of purple for their chocolate products—a move that prevents rival companies from using a similar colour scheme. Additionally, tying your business name closely with your trade mark can provide a solid foundation for your brand in 2025 and beyond. Our experienced IP Lawyers at Sprintlaw are well-equipped to assist you through this process.
Isn’t My Trademark Protected by Copyright Laws?
No, a trademark is not covered by copyright protection. Copyright safeguards original creative works—such as novels, music, and art—by preventing unauthorised copying. Copyright protection is automatic once a work is created and fixed in a tangible form. However, a trademark uniquely identifies your business and distinguishes your products or services from those of your competitors, which is why it must be registered through IP Australia.
Remember, while copyright is inherent and automatic, trademark protection requires a formal application process. Our team is here to help you understand your options and secure the right protection for your brand.
Key Takeaways
In 2025, trading names are no longer an acceptable title under which to operate your business. To remain compliant, you must register a business name with ASIC, ensuring your enterprise is fully recognised under Australian law.
It’s important to remember that registering a business name is separate from obtaining trademark or copyright protection. For tailored advice on protecting your intellectual property, consult one of our legal experts.
If you have any questions regarding the information above, talk to one of our legal consultants today. Our experts are highly qualified in areas including intellectual property, business registration, and employment law. You can also explore our detailed articles such as What Is A Partnership? and How to Start a Business from Home for more insights into the legal side of running a business in Australia.
Reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligation chat.
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