To conduct a business under a name other than your own, you must first register it as a business name. You shouldn't start up a business, print office stationery or undertake publicity under such a business name, until it is registered.

Names that are the same as or very similar to an existing business in NSW, or a company anywhere in Australia, cannot be registered. However, some businesses have the impression that by officially registering their name they have an exclusive right to the name and the words used as part of it. That is not the case.

Registration of a name doesn't give you ownership of a name or the words used in it. Another business may be able to add something to the same name you have used, and have it registered. For example, the registration of the name "Specialised Carpentry" would not stop someone else registering a name such as "Discount Specialised Carpentry". There are also special legal issues involved if a name has been registered as a trademark.

When setting up a business or deciding on a business name it is important to protect the value that can potentially grow with your new identity. Make sure that you look after your interests by consulting a solicitor about the best way to proceed.

Reproduced from In Touch With The Law, published by the Law Society of NSW