You can conduct business in NSW under your own name without registering a business name, provided you don’t change or add anything to it.

To conduct business in NSW under any other name, it must first be registered as a business name.

A company can conduct business under the company name without registering a business name.

Selecting a business name

You should not commence business under or print stationery, signage or advertising using your business name until it is registered.

The Office of Fair Trading considers each proposed name individually to determine whether it is available for registration. Names that are identical to an existing business or incorporated association name in NSW or company name anywhere in Australia will not be registered, although a company may apply to register its company name as a business name. We will not register a proposed name if, in our opinion, it is too similar to an existing business or incorporated association name in NSW or company name anywhere in Australia.

The name you select must not be misleading or offensive, and there are some words or phrases that you cannot use without consent. For example, you cannot use the word "ANZAC" without consent.

Please note that we do not check proposed business names against Trade Marks. You can search the Trade Marks Databases on the IP Australia website.

Is your proposed name already registered?

The Australian Securities and Investments Commission keeps a record of all company and business names registered in Australia, as well as some association names on it's National Names Index. You can check the National Names Index to see if your proposed business name already exists.

It is important to note that a nil response from searching the National Names Index does not necessarily mean that Fair Trading will register your proposed business name.

How do I apply and how much does it cost?

Application forms can be obtained by

• downloading them from the Business name registration page from the Business Licence Information Service (BLIS)
• visiting any Fair Trading Centre
• calling the Office of Fair Trading on 13 32 20

You may also need other forms – see BLIS for more information.

Applications can be lodged:

• over the counter at any Fair Trading Centre
• by mail to PO Box 972 Parramatta NSW 2124.

Fees and charges

For all current fees and charges, please visit the Fees page of our website.