Registering A Business Name: What You Need To Know

A business name is the name under which an entity trades. This ‘entity’ can be a person, a company, an incorporated association, and more. 

In New Zealand, you are required to register a business name if you are trading as a company. However, sole traders and partnerships may trade under their own names without registering a separate business name, unless they choose to operate under a different name.

So, how does it all work? When do you need to register a business name in New Zealand, and how do you go about it? Let’s run through what you need to know. 

Why Do I Need To Register A Business Name?

When running a business, a business name is more than just a formality required by law. It is also the name that will represent you, your brand, and your services. It’s what will make you stand out from the crowd. 

That being said, in New Zealand, a business name is primarily a legal requirement for companies, and it’s an important early step for all businesses starting out.

Is A Business Name The Same As A Trade Mark?

There is an important distinction that needs to be made between a business name and a trade mark. 

A business name does not grant any legal protection on its own in New Zealand. You need a trade mark to stop other people from using your business name (or similar names) in a similar area of business. 

Put simply, registering a business name is more of an administrative formality. On the other hand, a trade mark is an extra level of protection that gives you the legal rights to use that name exclusively in New Zealand.

Often, though, a business name can be used as ‘prior use’ evidence when applying for a trade mark or disputing a trade mark with the same name, so they can work together to protect your business!

Need Help?

If you’re interested in trading under a different name to your company’s registered name, you will need to register a business name in New Zealand – we can assist you with this process!

At Sprintlaw, we focus on providing comprehensive, easy to understand and user-friendly advice for businesses and we would love to help you too! 

Feel free to get in touch with us to get things started with your Business Name Registration or have a chat to one of our lawyers about your business set up. Our friendly team can be reached at 0800 002 184 or at [email protected].

---