The two registers are separate
A company name is registered when ASIC creates the company. A business name is a name used by a business to trade. If a company trades under a name that is different from its full registered company name, it will generally need to register that business name.
Example
A company registered as “Harbour Services Pty Ltd” can trade under that full legal name. If it wants customers to know it as “Harbour Home Loans”, it may need to register “Harbour Home Loans” as a business name linked to the company's ABN.
What a company name does
The company name identifies the registered legal entity. It normally includes the legal status, such as Pty Ltd. The name is chosen during company registration, or the company can use its ACN as its name.
The proposed name must meet ASIC's rules and cannot be identical to an existing registered name. Reserving or registering a company name does not create trade mark rights.
What a business name does
A business name is the name a business operates under. The Australian Business Register explains that a business generally must register a business name if it trades under a name other than its own legal name. The applicant must have, or be applying for, an ABN.
Check names before registering
- Check whether the proposed company or business name is available.
- Search for similar registered trade marks before investing in the brand.
- Check useful domain names and social handles separately.
- Decide which name belongs on contracts, invoices and official documents.
Name availability at ASIC does not mean the name is safe from a trade mark or passing off dispute. Obtain legal advice if the brand is important or there are similar names in the market.
Continue setting up the company
Return to the complete Australian company setup guide to work through directors, shares, addresses, registration and ongoing obligations.
Official sources: ASIC, Register a company and ABN Lookup glossary.