Application for Registration of a Business Name Form 1

Please read this information before completing the form.

What is a Business Name Who owns a Business Name

A business name is simply a name or title under Be aware that registering your business name does not
which a person or other legal entity may conduct its give you ownership of that name. Registering a
business. particular name does not stop another person from
registering a similar name. For example, if you register
A business name is registered under the Business your name as ‘Michelle’s Pies’ there is nothing to stop
Names Act 2002 administered by NSW Fair Trading. someone else from registering ‘Michelle’s Pies and
Cakes’ or ‘Michelle’s Savoury Pies’.
The purpose of the Register of Business Names is to
provide a means of finding out the details of the Trading on the Internet
proprietor(s) of a business where the business is not
If your business trades only via the internet you do not
trading under the proprietor's name.
have to register that business name in New South
Wales.
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. Who can apply for a Business Name
The applicant for a business name can be:
For example, if your name is Julie Smith and you are
trading under 'Julie Smith's Salon' registration is • an individual, corporation or incorporated
compulsory. association.

• a government instrumentality, if its Act or

What is a company
constitution permits.
A company is a separate legal entity and must be
registered under the Corporations Act 2001 • a trustee - The name of the Trustee as well as the
administered by the Australian Securities & Trust must be shown on the application form. For
Investments Commission (ASIC). example, John Brown as Trustee for the Brown
Family Trust.
If a company wishes to trade using a name other than
its own, it must register that trading name as a • the executor of an estate - The name of the
business name. Executor as well as the Estate must be shown on
the application form. For example, John Brown as
For enquiries regarding companies - contact ASIC the Executor of the Estate of Mary Brown.
on 1300 300 630 or visit the ASIC website at:
www.asic.gov.au Eligibility to apply for a Business Name

What is a Trade Mark • All applicants must be 16 years of age or older.

Registration of a trade mark gives the owner the legal • Section 7 of the Business Names Act 2002
right to exclusively use or control the use of the mark. IP requires that a business name is not to be
Australia is the Commonwealth agency that registered in the name of a person who is not
administers registration under the Trade Marks Act carrying on business or does not intend to carry
1995. on business in the immediate future in NSW.

Before registering your business name, it is a good • Section 8 of the Business Names Act 2002
idea to search the Register of Trade Marks. requires the leave of the District Court to be
Searches can be done free of charge on the IP obtained where an applicant has been convicted
Australia Website at: www.ipaustralia.gov.au or for of an offence in the last 5 years in connection
a fee the IP Australia office will do the search for with the promotion, formation or management of
you. a corporation, or an offence involving fraud or
dishonesty punishable with imprisonment of three
months or more, or an offence involving
Corporations Law, Companies Code, Securities
Industry Code etc.
What does the nature of business mean on the ap- What if Fair Trading refuses my application
plication
If you are dissatisfied with the decision made on your
The nature of business should describe in detail the application, in the first instance, you may apply in
types of products or services you will offer. For writing to Fair Trading to have the decision reviewed.
example, 'import and export of children's clothing', not
just 'import export'. If you are dissatisfied with the outcome of the review
you may then lodge an appeal against the decision with
What does the Preferred Address for Service of the Administrative Decisions Tribunal.
Notices mean on the application
Lodging an application and paying the fee
The Business Names Act 2002 requires each
proprietor of the business to give their address for • Applications may be lodged at any Fair Trading
service of notices by Fair Trading. Centre or by mail to NSW Fair Trading, PO Box
972, Parramatta NSW 2124.
However, where a business name is registered to more
than one person Fair Trading is only required to send For the address of your nearest Fair Trading
mail to one of those persons. Please nominate which Centre please telephone 13 32 20 or visit
person is to receive mail on behalf of the business. www.fairtrading.nsw.gov.au

If a person nominated to receive notices is not one of • Fair Trading Centres will accept payment by
the applicants or a nomination is not made Fair Trading cheque, cash, money order or credit card. Fees
will select the service of notices address of the first for mailed applications should be paid by cheque
applicant as the preferred service of notices address for or money order.
the business name.
• Cheques and money orders should be payable to
“NSW Fair Trading”.
Choosing a Business Name
• The application fee is not subject to GST.
When choosing a business name it is important to
appreciate that Fair Trading may refuse to register a • Applications received without payment will be
name in certain circumstances, e. g. where: returned.

• it is the same as an existing registered • Receipts will only be issued upon request.
business, company or incorporated association
name. • The application fee includes a processing
component.
• it is considered 'undesirable' for registration.
• If an application is rejected you may be able to
submit further names for consideration or request
• it will, in the opinion of Fair Trading be likely to
Fair Trading to review its decision. A refund of the
cause confusion during an inspection of the
amount paid, less the processing component, will
Register of Business Names.
be made if no further names are submitted, if no
review is requested or where you advise us in
• the name or words in the name are restricted by writing that you do not wish to proceed with the
Ministerial Prohibition or State or Federal Law. application.

• it suggests a connection to a government office or Contacting Fair Trading

agency. Telephone: For all enquries regarding business names
please telephone 13 32 20
In addition, if the proposed name suggests that the
applicant is a professional, evidence of the relevant In person: You can enquire about business names at
qualifications/registration may be required e.g doctor, any Fair Trading Centre.
lawyer etc.
By Mail: Mail should be addressed to NSW Fair
You must wait until the name is registered Trading, PO Box 972, Parramatta NSW 2124.
Circumstances do occur where the business name you Website: You can visit the Fair Trading website on
apply for is not available for registration. It is important www.fairtrading.nsw.gov.au
to wait until you have received the Certificate of
Registration before conducting business under the Language Assistance
name or arranging for printing, advertising, signage and
Telephone: 13 14 50
other business materials under the name.
Ask for an interpreter in your language.
How long does registration last
TTY: 1300 723 404
Registration of a name is valid for 3 years. Fair Trading Telephone service for the hearing impaired.
will issue a renewal notice prior to the expiry date.
Application for Registration of a Business Name Form 1
ABN 81 913 830 179
Application Fee $156
The form should be completed in black ink and BLOCK LETTERS.
Includes processing component of $27

1. Contact details of the person Name:

lodging this application.
Address:

Postcode:

Daytime Phone Number:

2. What is your proposed business Name 1:

name?
This application is for the registration of Name 2:
one business name. If more than one
name is nominated the names are
assessed in order and the first name Name 3:
available will be registered.
NOTE: If this application is lodged personally at a Fair Trading Centre it will not be accepted as lodged until the Fair Trading
Centre has checked the availability of the nominated name(s). If none of the names are available, the application may be
varied by nominating further names. If the application is varied, the availability of any further names will be assessed in
order of nomination. If such a further nominated name is registered the application will be considered successful.

3. What is your nature of business?

Describe in detail the types of products
or services you will offer e.g. computer
consultancy, hairdressing salon, retail
baby wear.

4. Do you intend to trade under this YES

business name?
NO (Go to Question 7)*

*NOTE: When you start trading you are required to advise us of the full details of your business by lodging an Application to
Change Particulars form.

5. What is the ABN for this

business?
If you do not have an ABN you can still register a business name. You must advise us of your ABN when and if you obtain one. You
can advise us of your ABN by lodging an Application to Change Particulars form.

6. What is the street address of your Address:

principal place of business?
Postcode:
(Post office boxes are NOT acceptable)

Do you have other places of Address:

business?
Postcode:
(If there is more than 1 other place of
business please attach a list)

Office Use Only

Lodged at:
Processed by:
Receipt no.:
Registration no.:

REVERSE SIDE OF THIS FORM MUST BE COMPLETED

7. What are the Applicant details? You must provide details of all individuals or corporations who are/will be carrying on
business under this business name. If there are more than two applicants please
photocopy this page and complete.
Applicant 1—Details

Full name of Individual or Name:

Corporation (include ACN)
ACN:

Residential address of Individual or Address:

Registered Office of Corporation
Postcode:
(Post office boxes are NOT acceptable)

Place of Birth
(Town and State or Country if overseas)

Date of Birth / /
Address for Service of Notices Address:
(Post office boxes are acceptable) Postcode:
I certify that the information provided on this application is correct. I have read and understand the Statement under the
Privacy and Personal Information Protection Act 1998 below. I have not been convicted of an offence prescribed under
Section 8 of the Business Names Act 2002.
Signature Full Name of Person if signing on behalf of a Corporation

Date
Position Held if signing on behalf of a Corporation Please tick one box only
Director Secretary Authorised Officer

Applicant 2—Details

Full name of Individual or Name:

Corporation (include ACN)
ACN:

Residential address of Individual or Address:

Registered Office of Corporation
Postcode:
(Post office boxes are NOT acceptable)

Place of Birth
(Town and State or Country if overseas)

Date of Birth / /
Address for Service of Notices Address:
(Post office boxes are acceptable) Postcode:
I certify that the information provided on this application is correct. I have read and understand the Statement under the
Privacy and Personal Information Protection Act 1998 below. I have not been convicted of an offence prescribed under
Section 8 of the Business Names Act 2002.
Signature Full Name of Person if signing on behalf of a Corporation

Date
Position Held if signing on behalf of a Corporation Please tick one box only
Director Secretary Authorised Officer

8. Nominated applicant for Service Name:

of Notices for the business.
Where a business name is registered to more than one person, Fair Trading is only required to send mail to one of those persons. Please
nominate which person is to receive mail on behalf of the business. If a person is not one of the applicants or a nomination is not made Fair
Trading will select the first applicant’s service of notices address.

Statement under the Privacy and Personal Information Protection Act 1998:
The applicant for this registration:
• authorises NSW Fair Trading to make any enquiries and to receive and disclose any information which is relevant to the appli-
cant’s initial and ongoing eligibility to hold this registration;
• acknowledges that information will be placed on a register open to the public;
• has a right to seek access to and correction of information supplied. AP4551 07/10