Rights and protection
Registering a business name does not:
- give you ownership of the business name
- give you legal rights over the business name
- protect the business name.
Registering a business name cannot protect words or terms of a generic or descriptive nature. For example, registering the business name Garden Furniture does not prevent another business from including these words in its business name or using them in advertising.
Registering a business name does not prevent:
- someone registering the same business name in a different state or territory
- the Australian Securities and Investments Commission registering a similar company name
- IP Australia registering a similar trademark
- someone registering a similar domain name.
Disputes
Disputes over business names are not covered by the Business Names Act 1962. They are private civil matters that should be settled between the parties concerned, or through legal action. You should seek legal advice about any such disputes.
Starting the business
Once a business name has been registered, you must start business activities within two months, using the business name. This name must be used at all times as the name you trade under.
If you advertise your business name in a newspaper, magazine or on the internet, you should show the Victorian address.
Displaying a business name
You must display your registered business name on:
- signs easily visible outside the registered address and every business address
- every letter, invoice, receipt or other document used and issued by the business.
It is not compulsory to display the certificate of registration but you may wish to do so, to show customers your business name is registered.
Notifying us of changes
You must tell Consumer Affairs Victoria about any changes to the details of your registered business name within a month of the change occurring.
This includes changes to:
- the registered or business address
- ownership of the business
- the owner's residential address
- the owner's name
- the nature of the business.
Change business details page
Renewing registration
Business name registrations must be renewed every three years. Consumer Affairs Victoria will send you a renewal notice, but it is your responsibility to make sure your registration stays current.
To make sure you renew your business name on time:
- note the renewal date and contact us if you do not receive your notice
- notify us of any change of address.
Renew a business name page
Last updated: 17/04/2012