REGISTERING
YOUR BUSINESS NAME
Although
setting up an online
business is different to
a conventional business,
you should still follow
the same steps you would
in registering your
business. There are
however, additional steps
needed when establishing
an online presence:
- Registering
your business name
Like any business you are
only required to register
your business name in the
state or territory in
which you will physically
operate. This remains
true whether you plan to
sell locally or to
interstate customers. In
some states, such as NSW,
you do not have to
register and display a
business name if your
business trades only via
the Internet. You should
check with your relevant
government authority
before you register.
Before you choose a
business name, you should
also consider existing
trade marks and the
availability of a domain
name, as it can be very
expensive to change once
your business is
established.
Registering
your business name
A
business name is simply a
name or title under which
a person, or other legal
entity, trades.
If
the business structure
you have chosen is as a
sole trader, a
partnership or a trust,
and not as a company,
then you are required to
register your business
name in the state or
territory in which you
will operate. But you
don’t need to
register a business name
if you plan to conduct
your business under your,
or your partner’s,
first name and surname,
or initials and surname.
If
you are planning
to set up your
business in more than one
state, you need to
register your business
name separately in each
state.
You
may need to register your
business name with the
local, state, or federal
government -- especially
if it's considered
"fictitious."
The
name of your business is
one of its most important
assets. Once you've done
the hard work of choosing
your name and making sure
that it's available for
your use, you'll want to
protect it in every way
you can. This means
following local and state
laws that govern when you
must register a
fictitious (or assumed)
business name. It also
means filing for
trademark protection at
the state and federal
level, if appropriate.
Registering
the Name of a
Corporation, LLC, or
Limited Partnership
If
your business is
organized as a
corporation, LLC, or
limited partnership, in
most states you
automatically register
your business name when
you file your articles of
incorporation, articles
of organization, or
statement of limited
partnership with your
state filing office. This
ensures that no other
corporation, LLC, or
limited partnership in
your state will be able
to use the same name.
However,
even though your official
business name is
automatically registered,
if you plan to sell
products or services
under a different name,
you must file a
fictitious name statement
with the state or county
where your business is
headquartered.
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