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How to Apply
Is a Business Name available to register?
Restrictions to Registering a Business Name
Printing and Signage
Trading Interstate
Under the Tasmanian Business Names Act 1962 you must register a business name, except if you conduct a business under your personal name or a company name registered with the Australian Securities and Investments Commission (ASIC). But if you add something to a personal name (such as '& Co', 'Group', 'Motors' etc.) then it must be registered.
Registration of a business name does not protect or establish any rights to a name.
To register a business name, you need to complete an Application for Registration of a Business Name.
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Application can be made by post to:
Business Affairs Branch
GPO 1244
Hobart TAS 7001
Registration - Interstate Trading
An individual who owns a business in Tasmania but does not live in this State must appoint a Resident Agent. Details about the resident agent, including the agent's Tasmanian residential address must be given on the Application for Registration of a Business Name.
Registration - Payment and Refunds
As the required fee is payable on application, not on registration, the fee is not refundable should the required name/s be unavailable for registration or the applicant not proceed for other reasons. If applicants wish to check the availability of the proposed name prior to lodging this application, a search may be conducted by lodging the following form: Enquiry as to the Availability of a Name.
We recommend that the applicant not incur expenses until a certificate of registration has been received by post.
Is a Business Name available to register?
If applicants wish to check the availability of a proposed name prior to lodging their application, a search may be conducted on a separate form: Enquiry as to the Availability of a Name.
This service is undertaken as part of the process if you lodge an Application for Registration of a Business Name. However, as the required fee is payable on application, not on registration, the fee is not refundable should the required name/s be unavailable for registration or the applicant not proceed for other reasons.
For this reason, applicants with only one suitable name in mind should lodge an Enquiry as to the Availability of a Name form prior to lodging their application.
It is possible to undertake a free preliminary search using the Australian Securities and Investments Commission's - National Name Index.
The software supporting this service has been developed for companies and interested people as a means to look up Australian Company Numbers. It was not developed for clients to ascertain the availability of business names and, in most cases, will not identify all similar names. We recommend that you do not rely on results from this search as the basis for determining the availability of a name.
We suggest that you undertake a search as a means of identifying any identical names and then lodge your Enquiry as to the Availability of a Name. This process will refine your initial listed business name and in most cases will save you time overall.
Trademarks
In determining whether a name is available for registration a search is not made of trademarks registered under the Trade Marks Act 1955. Inquiries relating to trade marks should be directed to the IP Australia.
Restrictions to Registering a Business Name
There are restrictions that apply to registering a business name, unless the applicant has obtained consent from the Minister for Consumer Affairs and Fair Trading to override them.
A business name cannot be registered if:
Other restrictions apply to words or phrases not included here. You will be notified if a restriction applies to your business name registration application.
Refusal of a Business Name
If a business name is refused because it infringes registration criteria or statutory restrictions you may request a review, provided you document good reasons for doing so.
Business Affairs suggests that you do not invest any money in a proposed business name until such time as you have received confirmation of registration of that name through the post.
In the majority of cases applicants receive their first choice of business name, however, it is not unusual for an applicant to submit up to four alternatives before gaining registration of a business name.
Unfortunately, there have been cases over the years where printing and sign writing have been commenced in the hope that an application will be successful. This is a frustrating, expensive and time consuming risk that can be easily avoided by waiting until confirmation is received through the post.
In most cases Business Affairs will forward confirmation within 5 days of receiving the business name application.
Business name registration can apply only in the State or Territory where it is registered. If you live in Tasmania but wish to carry on business in another State or Territory, the business name must also be registered there.
You will need to lodge an application and have your name approved in each State and Territory prior to commencing trade in that jurisdiction.
Please view the Business and Licensing section in Links for the internet addresses of all Australian Business Names Offices.
If you own a business in Tasmania but do not live in this State, you must appoint a Resident Agent. Details about the resident agent, including the agent's Tasmanian residential address must be given on the Application for Registration of a Business Name.
