How to register your business

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Why is this important?

When you're starting up a new business it's important to find out what registration and licences apply to you. This can be complex as local, state, territory and federal governments all handle registration and licensing for various aspects of your business.

What to do

Register your business name

A business name is simply a name or title under which a person, or other legal entity, trades.

If the business structure you have chosen is as a sole trader, a partnership or a trust, and not as a company, then you are required to register your business name in the state or territory in which you will operate. But you don't need to register a business name if you plan to conduct your business under your first name and surname, or those of your partner.

If you are planning to set up your business in more than one state, you need to register your business name separately in each state.

Registration of a business name does not in itself give you any proprietary rights — only a trade mark can give you that kind of protection. Ensure you have exclusive use of your name now and in the future throughout Australia by registering a trade mark.

Register your company

If you decide that a company structure best suits your business, then you need to register as a company. By registering a company name you have the advantage of having exclusive rights to that name in Australia, without having to register in each state.

You can only choose a company name not already registered to a company or business. Special approval is also required to use certain words.

If your company carries on business in a name different to your company name, then you must register the business name in the appropriate state or territory.

Register your domain

Your domain name is your address on the internet and gives you an online identity or brand. It's a valuable part of your business identity and an important marketing tool.

If you wish to buy a .com.au or .net.au domain name, you must be a commercial entity and possess either an ACN or ABN. For more information go to the .au Domain Administration Ltd website.

Register your trade mark

A registered trade mark gives you the exclusive right in Australia to use it as a brand and to legally stop imitators. Unlike a business name, a registered trade mark can provide legal protection for your brand and enable you to stop others from trading with it.

Once registered, the trade mark is protected in all Australian states and territories for an initial period of ten years. If international registration is required, the trade mark must be registered in each country in which you want protection.

Be aware that registration of a business name, company name or domain name does not in itself give you any proprietary rights — only a trade mark can give you that kind of protection. Ensure you have exclusive use of your name now and in the future throughout Australia by registering your business name as a trade mark.

If you are unsure of what or how to register, seek the advice of your accountant, lawyer, or trade mark attorney.

Source: www.smexcellence.com.au

Where to go for help

Online Business Directory

NSW Business Chamber Online Business Directory connects you to thousands of businesses across NSW. With exclusive access to special offers and great deals, you will find a service provider, business partner or supplier who can meet your needs. Listing on the Online Business Directory is open exclusively to NSW Business Chamber members.