Guidelines for the use in business names of the word ‘Incorporated’

‘Incorporated’ is a restricted word under Part 1 of Schedule 2 of the Names Determination.

Criteria for the Assessment of Applications

Applicants seeking Ministerial consent to the use of the word ‘incorporated’, or the abbreviation 'Inc', in a proposed business name, notwithstanding that the business is not required to use the name under State or Territory law, or the law of a foreign jurisdiction, will need to demonstrate:

(a) the word is permitted to be included in the name because of the legislation under which the applicant is incorporated or registered

(b) the applicant is related to another entity that is required or permitted to use those words in its name

(c) the context in which the word 'Incorporated' or the abbreviation 'Inc' is used in the name is not likely to mislead members of the public into believing that the entity is registered under legislation requiring the name of the entity to include 'Incorporated' as part of the name or to use an abbreviation of 'Incorporated', such as 'Inc', in the name.

An applicant seeking to use the word ‘Incorporated’, or the abbreviation 'Inc' under criterion (a) or (b) will need to provide evidence of the registration of (i) the applicant or (ii) the related entity (as applicable) that is required or permitted to use the words 'Incorporated' or 'Inc' in its name.

An applicant seeking to use the word 'Incorporated', or the abbreviation 'Inc', under criterion (c) will need to demonstrate (explain, give reasons, provide evidence) that there is no real likelihood that members of the public would be misled into believing that the entity is an incorporated body or otherwise entitled under legislation to use the word 'Incorporated' or the abbreviation 'Inc'.

Further links	Description
Business Names Registration Act 2011	This Act details the legislative framework for business names in Australia.
Business Names Registration (Availability of Names) Determination 2015	This Determination provides the rules for determining whether proposed business names are identical or nearly identical, restricted words and expressions, and the kinds of names that are undesirable.