OCBA - Need to register a business name?

Need to register a business name?

If you are carrying on business under a name other than your own real name (without addition), then you are required to register that name as a business name.

If you advertise using a business name it is taken that you are carrying on business under that name therefore you must register that name.

Example 1:
If your name is John James Citizen and you trade as John James Citizen or J J Citizen or J Citizen, then you do not need to register the business name.

Example 2:
If your name is John James Citizen and you are in partnership with a Jill Jane Resident and trade as J J Citizen and J J Resident or John Citizen and Jill Resident, then you do not need to register these business names as you are essentially trading under your own names without alteration or addition.

Example 3:
However, if your name is John James Citizen and you trade under J J Citizen Plumber or Citizen's Electrical Services or in association with another person as J & J Citizen then these names are no longer your names and they are required to be registered as business names.

You must use your business name exactly as it is registered on your Certificate of Registration. The business name cannot be changed in any way.

If you want to conduct your business under a different or a slightly different business name you must apply separately to register that name.

It is your responsibility to determine that the business name that you have chosen does not:

infringe another person's proprietary rights that they have because they have registered a Trade Mark

require other occupational licensing or professional registration before it can be used in business eg. if you intend operating a business as a builder, plumber, gas fitter, electrician, security agent, investigation agent, land agent, conveyancer, second-hand vehicle dealer (including motor cycle dealer) or travel agent, you may need to be licensed and/or registered.

There is no facility to register or maintain the registration of a business name if there is no actual business being conducted under that name, ie, you cannot register a name simply to reserve it and restrict its use by other parties.

Certain convicted offenders must not carry on business under a business name in South Australia, unless they have the approval of the Court. Please refer to Section 17 of the Business Names Act 1996.

Related Information:

Offences information sheet

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