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Business names are a crucial part of many ventures, whether you’re running a large enterprise or a small start‐up. In 2025, they not only provide an easy, quick and effective way of communicating what makes your business unique but also play a pivotal role in establishing your brand’s reputation in an increasingly competitive digital marketplace.
Oftentimes, a significant amount of thought is put into choosing a business name, accompanied by substantial investments in signage, branding, and merchandise. In this way, your business name transforms from a simple idea into a valuable form of intellectual property that is well worth protecting and safeguarding.
If you don’t secure or verify your business name properly, you might face serious consequences – including being forced to change your name at great expense.
This article outlines essential steps to ensure you don’t infringe upon another’s business name and explains how to properly protect your own in today’s 2025 regulatory environment.
Securing And Protecting A Business Name
Before settling on a business name, it is imperative to ensure that it isn’t already in use. In 2025, you are encouraged to utilise both traditional searches and modern digital tools to complete a thorough check. This proactive approach not only safeguards your brand identity but also helps build customer trust from the outset. For additional guidance on business setup and compliance, feel free to explore our Getting Started with Your Legals guide.
Registration
It is a legal requirement to register your business name if you are carrying on business under that name. While registration does not grant you exclusive trading rights or ownership over a name, it is a fundamental preliminary step. Start by searching the Australian Business Registry to check availability. Alternatively, ASIC Connect offers a speedy method to see if your name is already registered.
According to section 17 of the Business Names Registration Act 2011 (Cth), registration does not override any existing rights over a name. Moreover, as per section 25 of the Act, a business name can only be registered if it isn’t “identical or nearly identical” to an already registered name.
Simply put, while registration allows customers and other entities to reliably identify and find your business, it also ensures that all creative work and the reputation you build are clearly associated with your enterprise alone. For more details on securing your business identity, view our Business Name Registration article.
Trademark
Registering your business name does not give you exclusive rights to its use—that protection comes from trademarking. Especially in today’s digital era, where brands are continually expanding their online presence, trademarking your business name is key. This process transforms your name into intellectual property, making it an offence under the Competition and Consumer Act 2010 (Cth) for others to misuse it.
The first step, similar to registration, is to search for existing trademarks using the tools provided by IP Australia. Even if you find a similar trademark, both marks might coexist if they cover different goods or services. For instance, a name like “Dove” can be trademarked separately for chocolates and soaps because these products operate in distinct markets and trade channels.
Once you’ve confirmed that no conflicting trademarks exist – or that any similarities are permissible – you can apply to trademark your business name. The full process is detailed by IP Australia, and we explain it further in our Trademarking Explained article.
If you plan to operate internationally, remember that the above process only protects your trademark within Australia. Each country maintains its own trademark registration system. If you’re considering expanding overseas, you should consult with our international intellectual property experts to navigate the various trade mark laws.
Domain Name
A domain name gives your business a unique online address, forming the basis of your digital presence. It serves as a crucial marketing tool that helps customers locate and identify your business easily. However, remember that registering a domain name reserves a specific electronic address for you—it does not confer any intellectual property rights over the name itself.
Before you register, complete your business name registration and trademark processes. Then, use tools such as the Business Domain Check to ensure your desired domain is available. Accredited registrars are listed on the auDA website, and to register a .com.au or .net.au domain, you must be a recognised commercial entity with an Australian Company Number (ACN) or Australian Business Number (ABN).
When selecting a domain name, aim for one that is short, memorable, and representative of your business identity.
Other Important Steps
If you haven’t finalised your business name registration, trademark, or secured your domain name, it is crucial that key personnel sign Non-Disclosure Agreements (NDAs). This is particularly important if your business name is unique and has the potential to attract significant customer interest. NDAs help protect your confidential discussions and sensitive information during commercial negotiations.
Maintaining confidentiality is essential—not only within the workplace but also in external dealings, especially when your business name’s unique value has not yet been formally protected. For more on confidentiality best practices, check our article on maintaining confidentiality in the workplace.
Key Takeaways
Properly protecting and securing your business name involves multiple steps—from conducting thorough searches and completing the necessary registrations to securing trademarks and domain names. Each step helps ensure that your brand identity remains distinct and legally protected in 2025’s dynamic market.
Regular reviews are essential; keeping abreast of legislative updates and market changes will help you protect your business name and reputation over time. For further insights on legal requirements when starting a business, explore our Legal Requirements for Starting a Business article.
Ongoing monitoring of your business name is crucial. With the rapid evolution of online markets and increased digital competition in 2025, use resources like the Australian Business Registry to keep track of any similar registrations, and periodically review your trademark status with advice from our intellectual property specialists.
If you are in the process of setting up a business or want to further secure your existing business’s name, feel free to reach out to us for a free, no-obligation chat at team@sprintlaw.com.au or 1800 730 617.
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