Registering a business name

Registering a business name - Application for Registration...

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Please read this information before completing the form. A business name is simply a name or title under which a person or other legal entity may conduct its business. A business name is registered under the Business Names Act 2002 administered by the Office of Fair Trading. The purpose of the Register of Business Names is to provide a means of finding out the details of the proprietor(s) of a business where the business is not trading under the proprietor's name. Consequently, if you choose a name for your business that is not your own name then you must register the name of your business with Fair Trading. For example, if your name is Julie Smith and you are trading under 'Julie Smith's Salon' registration is compulsory. Be aware that registering your business name does not give you ownership of that name. Registering a particular name does not stop another person from registering a similar name. For example, if you register your name as ‘Michelle’s Pies’ there is nothing to stop someone else from registering ‘Michelle’s Pies and Cakes’ or ‘Michelle’s Savoury Pies’. What is a Business Name What is a company A company is a separate legal entity and must be registered under the Corporations Act 2001 administered by the Australian Securities & Investments Commission (ASIC). If a company wishes to trade using a name other than its own, it must register that trading name as a business name. For enquiries regarding companies - contact ASIC on 1300 555 600 or visit the ASIC website at: What is a Trade Mark Registration of a trade mark gives the owner the legal right to exclusively use or control the use of the mark. IP Australia is the Commonwealth agency that administers registration under the Trade Marks Act 1995 . Before registering your business name, it is a good idea to search the Register of Trade Marks. Searches can be done free of charge on the IP Australia Website at: or for a fee the IP Australia office will do the search for you. Who owns a Business Name Trading on the Internet If your business trades only via the internet you do not have to register that business name in New South Wales. Who can apply for a Business Name The applicant for a business name can be: an individual, corporation or incorporated association. a government instrumentality, if its Act or constitution permits. a trustee - The name of the Trustee as well as the Trust must be shown on the application form. For example, John Brown as Trustee for the Brown Family Trust. the executor of an estate - The name of the Executor as well as the Estate must be shown on the application form. For example, John Brown as the Executor of the Estate of Mary Brown. Eligibility to apply for a Business Name
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This note was uploaded on 05/11/2010 for the course ACC 411 taught by Professor Janson during the Spring '09 term at Adams State University.

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Registering a business name - Application for Registration...

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