Do I Need a Business Name If I Have an ABN?
The short answer is: it depends on the name you're trading under.
An ABN and a business name aren't the same thing
Your Australian Business Number (ABN) is an 11-digit number used to identify your business when dealing with government and other businesses. A business name is the name your business trades under. Having an ABN doesn't automatically register or protect a business name.
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So, when do I need a business name?
If you're a sole trader and trade under your own personal name, you generally don't need to register a separate business name. But if you want to trade under another name, you'll generally need to register that business name.
For example:
Nuffy Smith
Trading simply as Nuffy Smith → generally no separate business name registration required.
Nuffy Smith
Trading as Very Serious Platypus Consulting → that trading name would generally need to be registered.
For companies, there are also circumstances where a separate business name registration isn't required, such as trading under the company's registered name.
🐾 Nuffy's Tip: An ABN identifies the business. A business name is a name you trade under. They do different jobs.
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Does registering a business name protect the name?
Here's another important distinction: Registering a business name isn't the same as registering a trade mark.
Business name registration allows you to trade under that name, but it doesn't necessarily give you exclusive rights to use it. Before committing to a name, it's worth checking more than just whether the business name is available.
Think about:
ASIC business name availability
existing trade marks
domain names
social media usernames
whether the name could cause confusion with an existing business
Because finding the perfect name and designing your entire brand before discovering there's a problem with it is... less than ideal.
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Where should I check?
For Australian business name registration and availability, start with ASIC.
For trade marks, use IP Australia's Australian Trade Mark Search.
You can also use the Australian Government's Business Registration Service when setting up certain business registrations.
And if you're unsure which registrations apply to your particular setup, check the relevant government guidance or seek professional advice.
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Starting a business and discovering there are approximately 847 things to check?
That's why I created the Australian Business Launch Kit.
It brings together the business setup process in plain English, including business structures, registrations, business name checks, your online setup, money, protection and the steps to work through before your first customer. Plus, there's a Business Name Brainstorm Worksheet so you can check the boring-but-important stuff before you fall in love with the name.
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This article provides general educational information only and does not constitute legal, tax, accounting or financial advice. Requirements depend on your circumstances and can change. Always check current information with ASIC, IP Australia or the relevant government authority.