Lexi Webster
If you plan on starting a business in Western Australia, you must register your business name with the Australian Securities and Investments Commission (ASIC) at a federal level. This is a crucial step in the process of establishing your business, as it will allow you to open a business bank account, apply for licenses and permits, and connect with your customers. It's important to note that registering a business name does not give you exclusive rights to it, and you might need to take additional steps to protect your brand. Additionally, depending on your industry and location within Western Australia, you may need to obtain specific permits or licenses, such as WA occupational licenses or health permits.
| Characteristics | Values |
|---|---|
| Registration Body | Australian Securities and Investments Commission (ASIC) |
| Registration Portal | ASIC Connect |
| Registration Requirements | ABN, Business Name, Applicable Fee |
| Registration Time | 10-15 minutes |
| Registration Period | 1 year or 3 years |
| Registration Renewals | Annually or once every 3 years |
| Registration Protection | None – requires trademarking |
| Additional Permits | WA-state or council permits, federal or environmental approvals, WA occupational licences |
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What You'll Learn
Check name availability and trademark status
When registering a trading name in Western Australia, it is important to check the name availability and trademark status to ensure your chosen name is unique and protect your brand. Here are the steps you can take to do that:
Firstly, conduct a thorough search on the Australian Securities and Investments Commission (ASIC) business names register. This will allow you to see if your desired trading name is already registered by another business. You can search for specific trademark words, owner names, trademark numbers, and even perform image comparison searches to ensure your desired name or logo is not too similar to existing trademarks.
Additionally, you can utilise the TM Checker, a free app provided by IP Australia, to assess the availability of your trading name. This tool uses AI to analyse your proposed trademark and determine if it is likely to face any issues during the examination process. The TM Checker does not require an online services account, and it can provide valuable insights into the uniqueness of your chosen trading name.
It is worth noting that registering a business name does not automatically grant you exclusive rights to use it. If you want exclusive rights to your trading name, you will need to apply for a trademark. A registered trademark provides your business with the legal right to use the ® symbol next to your trademark and gives you exclusive rights to use it in Australia for the specific goods or services it is registered for.
Before applying for a trademark, it is advisable to seek professional advice or consult a trademarks attorney or lawyer. They can conduct comprehensive searches to ensure your desired trademark is available and help you navigate any complexities or restrictions regarding trademark registration.
Keep in mind that certain words, phrases, and images cannot be trademarked or may only be registered under special circumstances. For example, everyday words or phrases that directly describe a good or service cannot be trademarked as they should remain available for all businesses to use. Additionally, registering a domain name does not grant rights to the name, and an .au domain that infringes a trademark may be revoked by the domain name regulatory body (auDA).
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Register with the Australian Securities and Investments Commission (ASIC)
The Australian Securities and Investments Commission (ASIC) is responsible for regulating and enforcing company and financial services laws in Australia. ASIC's primary role is to maintain, facilitate, and improve a fair and efficient financial system for all Australians.
When starting a business in Australia, you must register a business name or company name with ASIC. This is a legal requirement, and it is an offence to trade under an unregistered business name unless it is the same as your own name (e.g. Mary Jones). A business name is the name your business operates under, and it helps customers find, identify, and connect with your business.
You can register a business name through the Business Registration Service, and it typically takes around 10 to 15 minutes to apply online. Before registering, you should check if the desired name is available by searching ASIC's business names register and using the TM Checker to ensure it is not already trademarked. It is important to note that registering a business name does not grant you exclusive rights to use it; for that, you would need to trademark the name.
ASIC also offers services for businesses beyond registering business names. These include applying for and managing Australian Financial Services (AFS) licences, registering managed investment schemes, and applying for credit licences. These services can be accessed through ASIC's Regulatory Portal and eLicensing system.
Additionally, ASIC maintains several registers that provide information to the public, such as the Banned and Disqualified Register, which lists individuals banned from engaging in credit activities under the National Consumer Credit Protection Act 2009. ASIC also publishes notices related to financial services, insolvency, and external administration under the Corporations Act 2001.
For any inquiries or assistance regarding registration and other services, ASIC provides multiple contact options, including online inquiry forms, phone calls, and social media platforms.
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Understand the difference between a trading name and a business name
If you run a business in Western Australia, you must register a business name or company name. A business name is the name your business operates under. You must register a business name if you are not trading under your own name. For example, if your name is Mary Jones, you can trade under that name without registering it. However, if you want to trade under a specific name, you need to register it as a business name with the Australian Securities and Investments Commission (ASIC).
A trading name is an unregistered name that businesses could use before the introduction of the national Business Names Register on 28 May 2012. Trading names are not registered business names. If you want to keep using a trading name, you need to register it as a business name.
Your legal name can be different from your business name. You don't need to register a legal name for your business. However, for certain businesses, their legal name is a name they have already registered. For example, their legal name may be a company name they registered with ASIC.
Registering a business name does not give you exclusive rights to the name. If you want exclusive rights to your business name, you need a trademark. You can check if a name is available to register by searching the ASIC business names register.
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Get an Australian Business Number (ABN)
To register a trading name in Western Australia, you must register a business name with the Australian Securities and Investments Commission (ASIC). Before registering, you must ensure that your desired name is not already trademarked or registered by another business. You can use the ASIC business names register and TM Checker to verify this. Note that registering a business name does not grant you exclusive rights to it. If you want exclusive rights, you must trademark the name.
When registering a business name, you can also apply for an Australian Business Number (ABN) for tax and other business activities. An ABN is an 11-digit unique identifier that simplifies interactions between businesses and various levels of government. Not everyone is entitled to an ABN, and you will be asked a series of questions to determine your eligibility.
You can apply for an ABN on the ABR website, and it is recommended that you provide your tax file number (TFN) if you are a sole trader to expedite the process. Companies should provide their Australian Company Number (ACN). After submitting your application, it will be reviewed within 20 business days, and you will be contacted if further information is required. If your application is successful, you will receive a confirmation letter within 14 days. However, if it is unsuccessful, you will receive a refusal number and a letter outlining the reasons for refusal, along with your review rights.
It is important to keep your ABN details up to date in the Australian Business Register. Additionally, if you change your business structure, you may need to apply for a new ABN and update your business name details with ASIC. You can use the ABN Lookup tool to find publicly available information about ABNs and check if your ABN application has been processed.
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Comply with WA-specific industry regulations
When registering a trading name in Western Australia, it's important to ensure that you comply with industry-specific regulations. Here are some key points to consider:
Firstly, it is essential to understand that a trading name is distinct from a registered business name. A trading name is an unregistered name that businesses could use before 28 May 2012, when the national Business Names Register was introduced. If you wish to continue using a trading name, you must register it as a business name with the Australian Securities and Investments Commission (ASIC). This is mandatory if you are not trading under your own name.
Secondly, Western Australia has specific work health and safety (WHS) laws that you must abide by. The Work Health and Safety Act 2020 (WHS Act) and its regulations came into effect on 31 March 2022. These laws aim to safeguard the health, safety, and welfare of all workers and anyone else who might be affected by the work. They cover all workplaces within Western Australia's jurisdiction, including mines, petroleum, and geothermal energy operations. You must follow an approved code of practice or equivalent methods to manage hazards and risks effectively.
Additionally, Western Australia has regulations in place for specific industries, such as building services, electrical work, gasfitting, and plumbing. The Department of Local Government, Industry Regulation, and Safety also oversees lawful racing, gambling, and liquor activities to protect consumers and maintain integrity.
It's worth noting that registering a business name does not grant you exclusive rights to that name. If you want sole rights to your business name, you will need to apply for a trademark. This ensures that no other entity can use the same name for their business.
By adhering to these WA-specific industry regulations, you can ensure that your business complies with the relevant laws and standards, fostering a safe and fair environment for your workers and the Western Australian community.
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Frequently asked questions
A trading name is an unregistered name that businesses used before the introduction of the national Business Names Register on 28 May 2012. A trading name is not a registered business name.
Yes, if you want to keep using a trading name, you need to register it as a business name.
To register a trading name in Western Australia, you must register it as a business name at a federal level via the Australian Securities and Investments Commission (ASIC). The process involves applying for an Australian Business Number (ABN), logging into the ASIC Connect portal, selecting "Business Name Registration", and following the prompts to submit your application.
Yes, you cannot register a trading name that is already registered as a business name or trademark. You can search the ASIC business names register and use the TM Checker to avoid name clashes.
Registering a trading name as a business name in Western Australia allows you to legally operate under that name, open a business bank account, apply for licenses and permits, and protect your brand. It also helps customers find, identify, and connect with your business.
