5.1.8. Applicant name: Business names and trading as

The applicant name should not be:

• a business name; or

• a trading name.

For example:

‘John’s Plumbing’, ‘John’s Building Supplies’.

A business name or trading name is not a legal person and is generally not capable of owning a registered design. The application should instead identify the legal person entitled to own the design.

A registered design must be owned by a legal entity that is capable of holding property rights. The applicant should be the underlying legal entity that carries on business under that name.

Business and trading names may be indicated in a variety of ways, including (but not limited to):

• doing business as or dba; and

• trading as, t/a or t/as.

A business name or trading name should not be recorded on the Register, including where they appear after an otherwise acceptable applicant name.

For example: 'John Dover dba John’s Plumbing' and ‘JD Holdings Pty Ltd trading as John’s Building Supplies’.

The same principles apply to overseas applicants.

For example: ‘ABC Holdings a Delaware Corporation t/as ABC 123’. 

Where an applicant name includes this detail, a written notice should be issued identifying the issue and requesting the applicant name be amended by removing the business or trading name designation.