Australia needs separate registrations for business name (ASIC), company (ASIC), ABN (tax), and trademark (IP Australia). 41% of Australian startups only register ABN - then discover their business name is unprotected when a competitor uses the identical name. You need all four registrations for full protection.
Australian Business Structure Types
Sole trader: Individual, unlimited liability, cheapest option.
Partnership: 2-20 people, shared liability.
Company (Pty Ltd): Private company, limited liability. Most common for growth businesses.
Trust: Asset protection structure, complex tax treatment.
ABN Registration (Free)
Australian Business Number required for all businesses.
Register free at abr.gov.au. Processing: Instant for sole traders, 24-48 hours for companies.
Needed for: Invoicing customers, claiming GST credits, business tax returns.
Does NOT protect business name - just tax registration number.
ABN vs Business Name
Common mistake: Registering ABN and assuming name is protected.
ABN: Free tax number, no name protection.
Business name: AUD 37-87, protects name nationally.
Competitor can register identical business name even if you have ABN with that trading name.
Must register both separately.
Trading Name Not Protected: When you register ABN, you provide "trading name" field. This doesn't protect the name - it's just for tax records. Competitor can legally use identical name for their business. Only ASIC business name registration or Pty Ltd company name provides protection.
Business Name Registration (ASIC)
Register at asic.gov.au for national protection.
Cost: AUD 37 (1 year) or AUD 87 (3 years). Processing: Instant if name available.
Can't be identical to existing business name or company.
Can't include: Pty, Ltd, Incorporated - reserved for companies.
Restricted words need approval: Bank, Royal, Trust, University.
Name Availability Search
Search ASIC Register at connectonline.asic.gov.au.
Check: Business names, company names, registered body names. Free unlimited searches.
Also search IP Australia trademarks separately - ASIC doesn't check trademark conflicts.
Company Registration (Pty Ltd)
Private company limited by shares. Register via ASIC at asic.gov.au.
Cost: AUD 542. Processing: 2-3 business days.
Requirements: Minimum 1 director (Australian resident), minimum 1 shareholder, registered office address in Australia, company secretary (optional but recommended).
Company Name vs Business Name
Company name: Must end with "Pty Ltd" or "Proprietary Limited". Protected nationally, no renewal needed.
Cost: AUD 542.
Business name: No "Pty Ltd" suffix, must renew every 1-3 years. Cost: AUD 37-87.
Company provides stronger branding and liability protection - recommended for serious ventures.
Company name automatically acts as business name - no separate ASIC business name registration needed if you incorporate Pty Ltd. Saves AUD 37-87 annually. But company costs AUD 542 upfront vs AUD 37 business name. Choose based on liability protection needs, not just name registration.
Australian Trademark Registration
File with IP Australia at ipaustralia.gov.au.
Cost: AUD 330 per class (online), AUD 400 (paper).
Processing: 7-9 months typical. Opposition period: 2 months after acceptance.
Protection: 10 years renewable.
Search database at search.ipaustralia.gov.au/trademarks/search/quick before filing.
Trademark Classes
Australia uses Nice Classification - 45 classes.
Goods: Classes 1-34. Services: Classes 35-45.
Most businesses need 1-2 classes.
Examples: Retail clothing (Class 25), restaurant services (Class 43), software (Class 9 + 42).
Filing multiple classes: AUD 330 per class, no bulk discount.
ASIC Approval Doesn't Check Trademarks: ASIC approves business names without checking trademark conflicts. You can register business name that infringes existing trademark. Trademark owner can force you to stop trading under that name despite valid ASIC registration. Always search IP Australia before ASIC registration.
Trademark Examination Process
IP Australia examiner checks: Conflict with existing marks, distinctiveness, compliance with Trade Marks Act.
62% of applications receive adverse report requiring response.
Common objections: Descriptive term, conflict with existing mark, incorrect classification.
Response deadline: 15 months from filing, can extend.
Timeline Comparison
ABN: Instant to 48 hours. Business name (ASIC): 2 minutes to 7 days.
Company (Pty Ltd): 2-3 business days. Trademark: 7-9 months.
Strategy: Register ABN + business name immediately to start trading - 2 days total.
File trademark simultaneously - runs in background for 9 months.
Upgrade to Pty Ltd when ready - takes 2-3 days.
Annual Requirements
ABN: No annual fee, update details as needed.
Business name: Renew every 1-3 years (AUD 37-87).
Company: Annual review fee AUD 285, financial statements required, ASIC annual statement.
Trademark: No annual fee, renew every 10 years (AUD 400 per class).
Company Annual Costs
ASIC annual review: AUD 285. Accountant for financial statements: AUD 1,500-3,500.
Tax return: Included in accounting fee usually.
Total: AUD 1,800-4,000 per year for compliant company.
Business name much cheaper (AUD 37/year) but no liability protection.
Foreign Company Directors: At least 1 director must be Australian resident. Overseas entrepreneur? Options: Appoint Australian resident director (family, friend, professional director service AUD 1,500-3,000/year), or establish yourself as temporary/permanent resident first. Can't incorporate Pty Ltd without Australian resident director.
Domain Strategy
.com.au domain: Restricted to Australian presence. Needs ABN, ACN (company number), or Australian trademark.
Price: AUD 20-40/year. Processing: Instant with valid credentials.
.au domain: Newer, same eligibility as .com.au. AUD 20-30/year.
.com: No restrictions, AUD 15-25/year.
Get both - .com.au for local credibility and .com for international.
Costs Summary
ABN: Free. Business name (3 years): AUD 87. Trademark (1 class): AUD 330. Domain (.com.au): AUD 25/year.
Total for protected business name: AUD 442 first year.
Upgrade to Pty Ltd: Add AUD 542 (company) + AUD 285/year (annual review) + AUD 1,500+ (accounting) = AUD 2,800-4,500 first year.
State-Specific Considerations
Business name and company registration: Federal (ASIC), covers all states.
ABN: Federal (ATO), covers all states. Trademark: Federal (IP Australia), covers all states.
No state-level registration needed - Australia has unified national system (unlike USA state-by-state system).
Simpler than US but still requires multiple registrations.
Name Change Process
Business name: Register new name (AUD 37-87), cancel old name (free). Instant process.
Company name: Lodge Form 205 with ASIC. Fee: AUD 459. Processing: 2-3 business days.
Must update: ASIC records, ABN details, bank accounts, contracts, all marketing materials.
Allow 3-4 weeks total.
Trademark Lens checks business name availability before you spend AUD 442+ on Australian business registration and trademark filing.