Alex is Sprintlaw's co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
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Choosing a company name is exciting - it’s the moment your brand starts to take shape. But before you print business cards or launch a website, you’ll want to check company name availability and make sure you can legally use (and protect) that name in Australia.
In this guide, we’ll walk you through how to search company name availability, the difference between a company name and a business name, and the steps to secure the name you want - including tips to protect your brand with trade marks. We’ll also flag common traps to avoid so you can move forward with confidence.
Why Checking Your Company Name Matters
A strong name helps customers remember you, builds trust, and supports your long-term growth. But if you don’t do a thorough company name availability check, you can run into problems later - from rejected registrations to legal disputes or costly rebrands.
A careful search up front can help you:
- Confirm your preferred name isn’t identical to an existing company or business name.
- Avoid conflicts with similar brand names that could confuse customers.
- Spot restricted or sensitive words that may require approval (e.g., “Bank”, “University”).
- Plan a clear path to register your company and secure a matching domain and social handles.
- Decide whether to protect the name with a trade mark, not just a business/company registration.
In short, a smart search saves you time, money and headaches down the track.
Company Name Vs Business Name: What’s The Difference?
These terms are often used interchangeably, but they’re not the same - and that matters when you’re searching availability and registering your brand.
- Company name: The legal name of a company (a separate legal entity) registered with the corporate regulator. You’ll get an ACN and be able to enter contracts in the company’s name. Many small businesses incorporate to access limited liability and a more scalable structure.
- Business name: The trading name you use to market your business. Sole traders, partnerships and companies can register a business name. It does not create a separate legal entity.
If you’re deciding between the two, it helps to understand the practical differences between a Business Name vs Company Name, and how an entity name vs business name works in practice.
Importantly, neither a company registration nor a business name registration gives you automatic brand protection. If you want exclusive rights to the brand for goods or services, you should consider registering a trade mark (more on this below).
How To Check If A Company Name Is Available (Step-By-Step)
Here’s a practical way to search company name availability in Australia and reduce the risk of conflicts.
1. Brainstorm A Shortlist
Pick a few names you love. Consider how they’ll look on a website, packaging and signage. Keep them easy to spell and say. If your first choice isn’t available, you’ll be glad you have backups.
2. Do An Exact-Match Company/Business Name Search
Run an exact search for each name to spot identical company names and business names already on the register. If there’s an exact match, you’ll usually need to choose a different name or a clearly distinct variation.
3. Look For “Nearly Identical” Conflicts
Even if there’s no exact match, a name can still be rejected if it’s considered nearly identical to an existing one. Watch out for small differences that don’t change the meaning or sound much (e.g., swapping “&” for “and”, adding “the”, punctuation, or a plural). If your name is too close to another, it may be knocked back - or worse, confuse your customers.
4. Check For Restricted Words And Sensitivities
Certain words may require approval, like terms suggesting financial services, education, government links, or professional accreditation. If your shortlists include these, be prepared to provide evidence or choose alternative wording.
5. Search For Trade Marks
Even if a name is available for company registration, someone might already own a registered trade mark for the same or similar name in your industry. That trade mark could stop you using the name or expose you to infringement risk.
Search the trade marks database for identical and similar marks. If you plan to build a brand around the name, consider filing a trade mark application to secure your rights.
6. Check Domains And Social Handles
Customers will look for you online. Check if key domains (e.g., .com.au) and social handles are available. If the exact domain is not available, you might register a close alternative - but ensure it won’t mislead customers or conflict with someone else’s brand.
7. Decide On Your Structure And Register
Once you’re confident the name is available and suitable, decide whether to incorporate a company or register a business name under a sole trader/partnership structure. If you’re ready to incorporate, our Company Set Up service can register your company and prepare the key documents you’ll need. If you’re not incorporating yet, you can still secure your trading name with a Business Name registration.
After your company is registered, you’ll receive official confirmation - and if you need it for your records, you can obtain an ASIC Certificate of Registration anytime.
What If The Name Is Taken? Your Options
If your first choice is off the table, don’t stress - you’ve got several ways forward.
Pick A Distinct Variation
Small tweaks aren’t enough. Aim for a name that looks and sounds different, not just a punctuation or plural change. Add a distinctive word, change the structure, or rethink the concept so it’s clearly unique.
Use A Different Legal Name And A Trading Name
Some businesses register a company under one name and then register a separate business name (your public-facing brand) to trade with. This can be helpful if the company name you wanted isn’t available but a distinctive trading name is. Just remember: the trading name still needs to pass availability tests, and you’ll want to consider trade mark protection for the brand you actually use in market.
Consider A Tagline Or Descriptor
If your brand name is short and taken, pairing it with a unique descriptor can create a distinct identity (for example, adding your niche or location). Ensure the combined name isn’t still too close to anything already registered in your field.
Revisit Your Brand Strategy
It’s better to land on a unique brand now than to rebrand after you’ve invested in marketing. Use the search process to pressure-test your ideas. Ask: does this name reflect what we offer, our values and our ideal customers? Is it flexible enough to grow with us?
Beyond Availability: Protect And Register Your Brand
Confirming the name is only the first step. The next step is locking it in so others can’t use it. Here’s how to secure your brand properly in Australia.
1) Register The Company Or Business Name
Once you’ve settled on a name, register it as a company (if you’re incorporating) or as a business name (if you’re trading as a sole trader or partnership). If you’ll be operating as a company, consider adopting a tailored Company Constitution rather than relying on replaceable rules, so your internal governance is clear from day one.
2) Secure Your Trade Mark
A company or business name registration alone doesn’t give you exclusive branding rights. To stop others from using a confusingly similar brand for the same types of goods or services, you should consider filing for a trade mark. Our team can help you register your trade mark and choose the right trade mark classes for your business.
3) Lock In Domains And Socials
Register domain names (including .com.au if you’re eligible) and reserve consistent social handles. This helps customers find you and deters opportunistic copycats.
4) Put Your Core Legal Documents In Place
If you’re incorporating, get the foundations right from the start:
- Company Constitution: Sets out the rules for how your company is governed, including director powers and share-related rules.
- Shareholders Agreement: Clarifies ownership, decision-making, exits and dispute processes between founders and investors.
- Directors’ Resolution: Records board decisions formally (for example, appointing directors or issuing shares).
- Share Certificates: Evidence of share ownership, issued to shareholders after allotment.
Having these documents customised for your business can reduce the risk of founder disputes and keep things running smoothly as you grow.
5) Understand How To Execute Documents Correctly
When you sign contracts in the company’s name, make sure you’re following the Corporations Act rules. Many companies rely on Section 127 signing, which sets out who can sign for the company to make execution easier and more reliable for third parties.
6) Keep Your Records Up To Date
After registration, keep your details current and store your core records safely. If you misplace proof of registration, you can retrieve an ASIC certificate whenever you need it (for banks, suppliers, or tenders).
Company Or Business Name First?
If you’re still weighing up your structure, that’s normal. Many founders start as a sole trader with a business name, then incorporate later as they grow. Others incorporate early to access limited liability and present a more established profile from day one. If you’re leaning towards a company, we can manage the process and paperwork through our Company Set Up service.
Timing Tip
Timing matters for launches, bank applications and lease negotiations. If you’re working to a deadline, confirm your name choice early and factor in processing times for registrations and trade marks to avoid last-minute delays.
Key Takeaways
- Run a thorough company name availability check before you invest in branding - look for identical and “nearly identical” conflicts, restricted words, and any existing trade marks.
- Understand the difference between a company name and a business name; a company vs business name decision affects your legal structure, liability and how you trade.
- Availability is only step one - consider trade mark registration to protect your brand beyond company/business name registration and choose appropriate classes.
- If the name is taken, pick a distinctly different variation or use a separate trading name, and revisit your brand strategy to avoid customer confusion.
- When you incorporate, put the right foundations in place with a tailored Company Constitution, a clear Shareholders Agreement, proper directors’ resolutions and share certificates.
- Plan your timing: secure the name, then align your registrations, domains, social handles and trade mark applications to support a smooth launch.
If you’d like a consultation on checking company name availability and registering your company or trade mark in Australia, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
