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hi gardiye

Re the NSW business name – whilst it does say if you only trading online you don’t have to register – there are also links to guidelines for e-commerce businesses so make sure you review those and understand them. As you will see, you still have to comply with certain rules about trading – including properly identifying your business and contact details etc, which would normally be available if persons wished to receive an extract from the NSW office if you registered the business name. (You may still wish to reg the business name so no-one else can in your state, and, it may prove ‘easier’ in the long run).

In relation to the Trademark – assuming that your name is a trademark by definition – in that it can identify your goods/services as yours, and is not commonly used by others or likely to be needed by others, and there are no conflicting trademarks I would suggest progressing sooner rather than later to seek registration. It takes a minimum of 7.5 months to fully register a trademark; you don’t want to leave it too long in case someone else gets in before you! It can be a cost you haven’t budgeted so as long as you are not infringing someone else’s rights you should be ok to get the other things done first and then come back to the trademark. Obviously, without knowing the name in question and not having conducted searches for you etc, I can only provide basic information rather than advice on your particular case. If you click through my signature, we do have a free search offer if you are not certain on the search you have conducted yourself, and can assist in the filing of applications if need be.

Hope that helps. Good luck!