For some retailers, eBay can provide a successful channel to distribute their merchandise. For some retailers it’s their sole ‘shop front’ and for others it acts as an additional channel to compliment already existing e-commerce websites, distributors and physical stores.
While eBay can be a great platform for businesses to reach a wide customer base, there are some additional legal considerations that can be confusing or unclear for Australian sellers. Be sure to check out Part 2: Your Legal Obligations.
Choosing the right structure
As eBay is used by both individuals and businesses, it is a common misconception that legal and tax obligations do not apply to eBay businesses. However, this is not the case: legal and tax obligations still apply, so it is important to select a business structure that best suits your needs as this affects your product liability and tax implications.
Always seek advice from a lawyer and accountant so that you make the right choice about your business structure.
Choosing your eBay name
It is best to be consistent with your branding, as this will save you money in the long term when it comes to protecting your brand – make your eBay name the same as your business’s brand.
It’s important to note that eBay won’t let you register a name that includes a 3rd party trade mark or brand. It’s best to secure your own trade mark over your eBay name – a business name is not the same as a trade mark and does not give you monopoly rights!
If you don’t protect your brand, you could risk losing your eBay store if a 3rd party beats you to the trade mark, so don’t wait until it is too late.
Gladwin Legal can assist you in setting up the correct legal arrangements for your business and distribution channels. For an obligation-free chat, contact us on or 1300 033 934.