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Business, company & domain names
Know the Difference
Choosing the right name for your new business, company or selecting an Internet domain name is vital to distinguish your goods and services from competitors. You are creating an identity-something memorable and meaningful.
Business, company names and domain names are best protected when they are
registered as trade marks. If your new name is identical or similar to another
person's registered trade mark, you could be sued for infringement. Commercial
names can be trade marks, business names, company names and domain names. This
can be very confusing so it's important to know the difference.
What is a business name?
A business name is the name under which a business operates and registration identifies the owners of that business. Registration is compulsory, in every state and territory from which a business operates, and must be completed before the business starts trading. Unlike trade marks, business names do not necessarily provide proprietary rights for the use of the trading name.
What is a company name?
A company name, or registrable body, must be registered with the Australian Securities and Investment Commission. If a company wishes to trade using a name other than its registered company name, it must register that trading name as a business name. Unlike trade marks, company names do not necessarily provide proprietary rights for the use of the trading name.
What is a domain name?
All computers on the Internet have a unique identifying number called an Internet Protocol address. The Internet Protocol address is what a computer uses to find an Internet site. Unfortunately, it is not intuitive or easy for people to remember.
A domain name is the unique name that corresponds with an Internet Protocol address. It is both intuitive and easy to remember.
For example, IP Australia's Internet Protocol address is 203.21.147.134 but most people access the web site using the domain name, which is www.ipaustralia.gov.au - much easier to remember!
In Australia, you cannot register your trade mark as a domain name unless the trade mark is the same as your legal entity name (i.e. business or company name). The rules and policies for registration of domain names in com.au may be viewed at www.auda.org.au.
You can also register a domain name as a trade mark, provided that it meets the requirements of the Trade Marks Act.
Registration of a business, company or domain name does not automatically give you the right to use that name as a trade mark. You should check the trade marks database before registering a business name, company name or domain name in order to avoid infringing someone else's trade mark.
Who administers business, company and domain names?
Business names are administered by the local Business Names office in your State or Territory.
The Australian Securities and Investments Commission is responsible for the administration of company names. They have Business Centres in Adelaide, Brisbane, Canberra, Geelong, Gold Coast, Hobart, Melbourne, Newcastle, Perth, Sydney and Townsville.
.au Domain Administration Ltd (auDA) is an Australian not-for-profit company vested with the responsibility of operating the .au domain for the benefit of all stakeholders.
Useful resources
Staking your claim on the web - A business guide to registering a web address
This guide has been developed in cooperation with the National Office for
the Information Economy (NOIE), .au Domain Administration Ltd (auDA), the Office
of Small Business, and IPAustralia. It aims to assist small business operators
to understand the importance of a domain name to their online presence, as
well as their rights and responsibilities when registering one. In addition
to this guide, a series of fact sheets providing further detail on these matters
has been prepared.
Useful addresses
Business Names:
Contact the Business Names Office in your State or Territory
Company Names:
Contact Australian Securities and Investments Commission Business Centre (ASIC)
Adelaide, Brisbane, Canberra, Geelong, Gold Coast, Hobart, Melbourne, Newcastle, Perth, Sydney, Townsville
Internet: www.asic.gov.au
Domain Names:
.au Domain Administration Ltd (auDA)
107 Faraday Street, Carlton VIC 3053
Carlton VIC 3053
Fax: (03) 9349 5711
Internet: www.auda.org.au
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