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A business name is the name under which an entity trades. This ‘entity’ can be a person, a company, an incorporated association, and more. In Australia, registering your business name is a crucial step in establishing your presence in the market as we move through 2025.
You are required to register a business name as a company. However, sole traders and businesses set up under a partnership structure can simply trade under their own names if they do not wish to have a distinct business name. For more details on operating independently, check out our guide on operating as a sole trader.
So, how does it all work? When do you need to register a business name and how do you go about it? Let’s run through what you need to know in today’s business environment.
Why Do I Need To Register A Business Name?
When running a business, a business name is more than just a formality required by law. In 2025, it is the banner under which you build your reputation, represent your brand and communicate your services. It’s what helps you stand out in a competitive market and signal to customers that you’re a legitimate enterprise.
That said, a business name is primarily a legal requirement designed to ensure transparency and accountability, and all companies must have one. Registering a business name is an important early step that lays the foundation for your business compliance and future growth. For a deeper dive into the legal steps required when starting a business, you might find our article on legal requirements for starting a business helpful.
Is A Business Name The Same As A Trade Mark?
There is an important distinction that needs to be made between a business name and a trade mark.
A business name does not actually grant any legal protection on its own. It serves as an administrative registration to identify your trading identity. To prevent others from using your business name or a confusingly similar name in the same field, you need to secure a trade mark. Our article on trade marks – what and why explains this distinction in detail.
Put simply, registering a business name is an essential statutory step, whereas a trade mark offers enforceable legal rights to use that name exclusively in Australia. In effect, the trade mark acts as an extra layer of protection that helps safeguard your brand as your business grows.
Often, a business name can also serve as ‘prior use’ evidence when you apply for a trade mark or, if necessary, dispute a conflicting trade mark. Together, these two tools help to protect your business from potential infringement and maintain your competitive advantage.
Looking ahead to 2025, it’s also wise to periodically review your business name registration as part of your overall legal health. As regulations evolve, ensuring that your registration details remain accurate is essential. For further insights on aligning your operations with the latest legal standards, explore our guides on choosing the right business structure and setting up your business.
Need Help?
If you’re interested in trading under a different name to your company’s registered PTY LTD name, you will need to register a business name-and we can assist you with this process! Our team is experienced in delivering straightforward and effective legal solutions tailored to the modern business landscape.
At Sprintlaw, we pride ourselves on providing comprehensive, easy to understand, and user-friendly advice for businesses. Whether you’re just starting out or looking to update your existing registration for 2025, our dedicated resources, including our Business Set Up services, are here to help. We also offer guidance on related matters such as online business privacy and more.
Feel free to get in touch with us to get things started with your Business Name Registration or have a chat with one of our lawyers about your business set up. Our friendly team can be reached at 1800 730 617 or at team@sprintlaw.com.au.
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