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Choosing the perfect name for your new business is an exciting milestone, whether you’re launching your first online store, opening a local café, or setting up a tech startup. But before you get too attached to your new business name, it’s essential to make sure it’s available and legally yours to use – and that’s where a business name availability check comes in.
Many budding entrepreneurs and small business owners aren’t sure how or where to check business name availability, what to do if their preferred name is already taken, or what legal steps follow after finding an available name. Getting the name right from the start is key – not only for branding reasons but also to avoid headaches, disputes, or forced rebranding down the track.
In this straightforward guide, we’ll walk you step-by-step through the entire process of checking business name availability in Australia, explain why it’s legally important, and outline what to do next to secure, register, and protect your brand. Wherever you’re at in your business journey, we’re here to make this legal step clear and manageable – so you can focus on building your dream venture.
What Does “Business Name Availability” Actually Mean?
Business name availability refers to whether the name you’d like to use for your business can actually be registered and used in Australia. In other words, it’s a check to see if anyone else is already using, or has legal rights to, that business name.
In Australia, you must register your business name with the Australian Securities & Investments Commission (ASIC) if you’re trading under a name other than your own individual or company name. Registration is separate from company registration – these are not the same thing! A business name is all about how your business appears to customers and clients.
If a name is already registered, too similar to an existing business, or conflicts with a registered trade mark, you likely won’t be able to use it. That’s why a proper name availability check is a critical early step.
Why Is Checking Business Name Availability So Important?
You might have an amazing brand name idea, but using it without checking availability could land you in legal trouble. Here’s why this step matters:
- Legal Compliance: It’s a legal requirement to register your business name if it’s different from your own personal or company name. Skipping this step is breaking the law.
- Brand Protection: Only a unique and available name can be registered and protected. If you use a name already claimed by someone else, you risk IP disputes or being forced to change your name suddenly.
- Trust and Professionalism: A registered and available business name builds trust with customers, suppliers, and other stakeholders.
- Easy Registration Process: Checking availability up front saves you wasted time and money applying for names that’ll just get rejected.
Setting yourself up with the right name from day one sets your business on a safe and professional path forward. Next, let’s get into the nitty gritty of how to check if your business name is available in Australia – step by step.
How To Check Business Name Availability: The Step-by-Step Process
1. Brainstorm Your Business Name Options
Start by coming up with a list of possible business names. Aim for names that are catchy, easy to remember, relevant to your business, and (ideally) unique. It’s good to have a few options, in case your first choice is taken or not allowed.
Consider how your name might look online (as a website domain), on signage, and legally. Avoid names that are generic (“Sydney Coffee Shop”), misleading, or restricted words (like “Bank” or “University”) unless you have approval.
If you need inspiration or want to learn about legal naming mistakes to avoid, check out our article 10 Small Business Mistakes To Avoid.
2. Use The ASIC Business Name Availability Checker
The ASIC Connect system is the official government tool for searching business name availability in Australia. To start your name availability check:
- Go to the ASIC Connect website’s search tool.
- Type in your business name idea and select “Check Name Availability”.
- The system will return one of several status messages:
- Available: You can proceed to register the name.
- Unavailable: The name is taken or too similar to an existing name.
- Restricted: The name includes words ASIC does not allow or needs further justification (e.g. “bank”, “university”, etc.).
If the name you want is unavailable, try a variation or move to one of your fallback names.
For more detail about the ASIC process, read our guide: Business Name Availability Check: Secure Your Brand Legally.
3. Check For Trade Marks Or IP Conflicts
Even if a business name is available on ASIC, someone might still have rights to it through a registered trade mark. It’s your responsibility to ensure your name doesn’t infringe on existing intellectual property (IP) rights.
- Use the IP Australia Trade Mark Search tool to search for registered or pending trade marks similar to your name.
- Check both exact matches and similar-sounding names or spellings in your industry.
- If your business name is, or is confusingly similar to, a registered trade mark, you risk legal action or having to rebrand. Never skip this step.
Learn more about trade marks and business names in our explainer: Business Name Vs Company Name: What’s The Difference?
4. Consider Domain Names And Social Handles
These aren’t official legal checks, but it’s smart to see if the website domain and social media handles that match your business name are available. This helps with your marketing and branding down the track.
Imagine falling in love with your business name, registering it, then discovering the matching .com.au web domain isn’t available – it’s a common pitfall and best avoided early!
Check out our step-by-step article about domain name registration in Australia for handy tips.
5. Register Your Chosen Business Name
If your business name is available and you’ve done your due diligence on trade marks and domains, you’re ready to register! This locks in your legal rights to use the business name in Australia. You’ll apply through the ASIC Connect portal and pay a small registration fee (typically for 1 or 3 years).
Read our complete registration guide: How To Register A Business Name.
What If My Preferred Name Isn’t Available?
Many business owners find that their first-choice name has already been claimed by someone else. Don’t worry – this happens a lot but isn’t the end of the road.
- Try Changing The Name Slightly: Consider adding a word, using a different spelling, or tweaking the branding (“Glowing Bean Café” instead of “Glow Café”).
- Check IP Australia For Trade Mark Loopholes: Sometimes similar business names exist in unrelated industries, so if your field is different, it may be ok – but always get professional advice if you’re unsure.
- Think Creatively: Don’t settle for a second-best name if it doesn’t excite you or represent your business. Keep brainstorming!
If your options are exhausted, this can be a great reason to consult legal experts who can advise on trade mark strategy, rebranding, or negotiating with existing name holders.
Does Registering A Business Name Give Me Exclusive Rights?
This is a common question, and it’s important to clarify – registering a business name does NOT give you exclusive ownership or trade mark rights.
Business name registration allows you to use the name publicly and trade legally, but it doesn’t automatically stop others from registering a similar name or using it in another state/industry. For true exclusivity nationwide (especially as you grow), you need to consider registering your trade marks as well.
Learn more about the differences in our article: Business Name Vs Company Name: What’s The Difference?
Choosing The Right Business Structure And Registration Path
Once you confirm that your name is available, the next step is to formalise your business structure. The registration pathway you choose will impact your legal obligations, tax, liability, and how your business name appears to the world.
- Sole Trader: Simple to set up, uses your own ABN. You must register a business name if it’s not your legal name.
- Partnership: Two or more people share responsibility and profits. Needs an ABN and a registered business name if operating under a name other than partner names.
- Company (Pty Ltd): Separate legal entity, offers limited liability protection. The company’s name is its official legal name but you can also register a trading business name as an additional registration.
- Trust: More complex – popular for family businesses or for asset protection, usually advised by an accountant or lawyer.
For more depth on choosing a business structure and registering your entity, read our comparison: ABN vs ACN: Key Differences Australian Businesses Should Know.
What Legal Requirements Should I Consider After Registering My Business Name?
Registering your business name is only one piece of getting your venture legally ready. You’ll need to tick off some additional legal tasks to ensure your business is compliant and protected.
Permits And Licences
Depending on what your business does and where it operates, you may need council permits, professional licences, or industry-specific registrations. This includes food safety, health regulations, and home occupation permits for some businesses.
Australian Consumer Law (ACL)
If you sell products or services to the public, you must comply with the Australian Consumer Law. This covers things like refunds, product guarantees, and honest advertising.
Employment Law
Will you have staff? Make sure you provide proper employment contracts, minimum pay (as set by Modern Awards), and safe working conditions in line with workplace laws. For guidance, see Employment Contract Templates: The Comprehensive Guide.
Privacy Law And Data Protection
If you collect any personal data from customers (even just emails for a newsletter), you are likely required to comply with the Privacy Act and provide a Privacy Policy explaining how you handle that data.
Intellectual Property Law
To protect your unique logo, slogan, or other key brand assets, register your trade marks and make sure your brand doesn’t infringe on the IP of others. See our detailed resource: Intellectual Property Explained: A Comprehensive Guide For Australian Businesses.
What Legal Documents Will My New Business Need?
Every business – no matter how small – should have key legal documents in place, even before launch. Here are the essentials for most businesses:
- Customer or Service Contract: Outlines terms and conditions of sale or service provision, including payment terms, refunds, and limitations of liability.
- Privacy Policy: Legally required if you collect personal information; must be accessible on your website and clearly explain your data handling.
- Website Terms & Conditions: Sets the rules for anyone using your website, reducing your risk around online sales, user-generated content, and IP protection.
- Employment Agreement(s): If hiring staff, you need clear employment contracts outlining roles, pay, entitlements, and termination rights.
- Shareholders Agreement: For companies with more than one owner, this details who makes decisions, how shares are managed, and how disputes are resolved.
- Non-Disclosure Agreement (NDA): Useful for partnering, discussing confidential projects, or protecting sensitive information.
- Supplier or Manufacturing Agreement: If working with external providers to deliver goods or services, use a formal contract for clear terms.
Every situation is unique – if you’re unsure which documents you need, our Legal Health Check tool can help identify your requirements.
Frequently Asked Questions About Name Availability
Do I Need To Register A Business Name If I’m Using My Own Name?
If you’re operating as a sole trader and your business name is exactly your own personal name (e.g., “James Lee”), you don’t need to register it. But as soon as you add anything to your name (e.g., “James Lee Consulting”), registration is mandatory.
Can I Use The Same Business Name As Another Business In A Different State?
Business name registration is at a national level in Australia, so you cannot register a name that is already in use anywhere in the country. This helps reduce confusion and protects customers.
How Much Does It Cost To Register A Business Name?
ASIC charges a small fee, typically $42 for one year or $98 for three years (current as of 2024). A small investment for significant peace of mind.
Is Registering A Domain Name The Same As Registering A Business Name?
No – these are separate systems. Owning a website domain does not give legal rights to operate under that business name in Australia. Always register your business name with ASIC as well.
Key Takeaways
- Checking business name availability is a crucial first step for any Australian business, to avoid legal disputes and ensure compliance.
- Use official tools like the ASIC Connect name checker and the IP Australia trade mark search to confirm your name is available and free of conflicts.
- Business name registration is mandatory if trading under a name other than your own, but it doesn’t grant exclusive rights – you may need to register a trade mark for full protection.
- Choose the right business structure and complete all required legal registrations for your new venture.
- Ensure you have essential legal documents, including customer contracts, privacy policies, and employee agreements, ready before launch.
- If in doubt, consult a legal expert to guide your choices and help you set up a legally sound, risk-proof business from day one.
If you’d like a consultation on making sure your business name is available and secured – or need help with any part of your new business setup – you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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