Before starting a business in Australia, one of the first things you need to do is check if your desired business name is available for use. Understanding how to check if business name is registered in Australia is important to ensure you don’t run into legal issues down the road. In this guide, we’ll walk you through the process and provide all the information you need to successfully verify your business name’s availability.
What’s the Difference Between a Business Name and a Company Name in Australia?
To begin understanding how to check if business name is registered in Australia, it’s important to first know the difference between a business name and a company name.
- Business Name: In Australia, a business name is a name under which a business operates and trades. It’s registered with the Australian Securities & Investments Commission (ASIC) and does not create a separate legal entity.
- Company Name: A company name, on the other hand, is a legal entity registered with ASIC that is distinct from the business name.
So, how to check if business name is registered in Australia really depends on what you’re planning to register—whether it’s a business name or a company name. If you’re operating under your own personal name, you might not need to register it. But if you’re trading under a different name, then registration is required to ensure you’re legally allowed to use that name.
The best accountant in Australia can assist you in evaluating whether your company name is available and ensure your company meets all the necessary legal requirements.
Why Is It Important to Check Name Availability Before Registering?
“Why does it matter so much whether my business name is already in use?” is a question you may have. Some of the main reasons are listed below:
- Legal Compliance: Before registering a name, make sure you aren’t violating the rights of another company. Legal action and the requirement to rename could result from this.
- Brand Protection: A distinctive company name aids with brand protection. You can be sure you’re not violating a trademark by learning how to determine whether a business name is registered in Australia.
- Trademark Considerations: If a business name is registered as a trademark, you cannot use it without permission. Checking for trademark registration before selecting your business name ensures you avoid such issues.
At ISM Accountants, we offer business advisory services to ensure your business name registration is done correctly and legally.
What are the Steps to Verify if Your Business Name is Registered in Australia?
Now that you know why it’s important to verify, let’s walk through how to find out if a company name is registered in Australia:
1. ASIC Business Name Register
The ASIC Business Name Register is the official source to check the availability of your business name. Here’s how you can use it:
- Step 1: Go to the ASIC Business Name Register website.
- Step 2: Type in your desired business name.
- Step 3: The tool will tell you whether the name is already registered or if it’s available.
This tool is the most reliable source for checking business name availability in Australia. If your business name is already in use, it’s time to get creative and look at alternatives.
2. ABN Lookup
ABN Lookup is another trustworthy resource if you’re still not sure if a business name is available. Using an existing company’s Australian Business Number (ABN), this tool assists you in finding it. You will need to select an alternative name if the name is already linked to an active ABN. This is an important phase in determining whether a business name is registered in Australia in order to prevent disputes and guarantee the smooth operation of your company.
To use ABN Lookup:
- Go to the ABN Lookup website.
- Enter the business name or the ABN of the business.
- The search result will show if the business is active under that name.
While ABN Lookup doesn’t specifically search for business names, it provides insight into whether a business is registered and operating under that name.
Recommended Read: How to set up an ABN?
3. IP Australia’s TM Checker
If you want to ensure that your name isn’t already trademarked, you can use the IP Australia TM Checker. This tool searches for trademarks to see if the name you want is already protected by intellectual property laws. It’s an essential tool if you plan to build a brand that you want to protect.
Steps for using the TM Checker:
- Visit IP Australia’s website.
- Enter your desired name in the TM Checker tool.
- Review the results to see if your name or a similar one is trademarked.
Trademarking your business name is an important step in how to check if business name is registered in Australia. It helps protect your brand and prevents competitors from using the same name or something similar, ensuring your business identity remains unique and legally safeguarded.
4. Google Search
Even though it’s not an official tool, you may find out if your preferred business name is already being used by conducting a fast Google search. Google can identify companies that use the name in Australia or abroad, which is particularly helpful if the name is unusual. It’s recommended to utilise Google as an additional check, though, as its search results aren’t always as trustworthy as those from official registers.
ISM Accountant also provide Loan Management Services for you.
What Steps Should You Follow to Check Company Name Availability?
For those starting a company, you need to ensure that your company name is available as well. Knowing how to check if business name is registered in Australia is important in this process. Follow these steps:
- ASIC Company Name Search: ASIC provides a company name search tool that is comparable to verifying a business name. You can check whether your preferred company name is already in use or available by typing it.
- Legal Restrictions: Certain words and symbols are restricted when it comes to company names. You cannot use offensive or misleading terms, and some words require special permission. Be sure to check for any legal limitations before registering.
- Trademark Search: As with business names, checking for trademarks is important. Use IP Australia’s TM Checker to ensure no one else has claimed the name.
ISM Accountants also helps businesses set up and manage ABNs. Learn more about our business services.
What Are the Common Pitfalls When Choosing a Business or Company Name?
When selecting a name for your business or company, it’s important to be aware of how to check if business name is registered in Australia to avoid potential issues. Be cautious of the following:
- Similarity to Existing Names: A name that’s too similar to an existing business could lead to confusion or legal action. This is why how to check if business name is registered in Australia should be one of the first steps you take before proceeding.
- Restricted Words: There are specific words that require permission to use, such as “bank” or “insurance.” Be sure to check if your business name contains restricted words before moving forward with registration.
- Special Characters: Keep in mind that business and company names can’t contain certain symbols and special characters, so check carefully.
- Cultural Sensitivity: Make sure your name doesn’t carry offensive or inappropriate meanings, especially when targeted at diverse audiences.
What Should You Do If Your Desired Name Is Already Taken?
If you’ve found that your desired business name is already registered, don’t panic. There are several options available to help you move forward and still create a unique identity for your business. Here’s how you can handle the situation, after checking how to check if business name is registered in Australia:
- Change the Name: You can make little adjustments to your name by changing its structure or adding a descriptive word.
- Employ Synonyms: Take into account, utilising different terms that express the same idea.
- Verify Domain Availability: You might wish to change your company name to ensure that the domain is also available if your business name is available, but the domain name isn’t.
- Trademark Your Name: Once you’ve settled on a unique name, you can apply for a trademark to legally protect it.
How to Register Your Business Name in Australia?
Once you are confident that your selected business name is available, you can register your business name with the Australian Securities and Investments Commission (ASIC). Here’s how to register your business name:
- Set Up an ASIC Connect Account
You’ll need to create an account on ASIC Connect, the online portal for managing your business name registration. - Choose Your Business Name
Confirm that your chosen name meets all of ASIC’s naming requirements, including no restricted words or misleading names. - Complete the Application
Fill out the necessary details, such as the structure of your business and its activities. - Pay the Registration Fee
ASIC charges a small fee for registering your business name. You can pay online through ASIC Connect. - Receive Confirmation
Once registered, your business name will appear in the ASIC Business Name Register, and you’ll officially have the right to use it.
How Do You Maintain and Protect Your Registered Name?
After registering, here’s what to keep in mind to protect your business name:
- Renewing: Business names aren’t forever—make sure to renew them on time. Mark your calendar with renewal dates to keep your name active and legally recognised.
- Update Information: If your business details change (like address or ownership), don’t forget to update your registration to stay compliant.
- Monitor Usage: Once you know how to check if business name is registered in Australia, keep an eye out for others using your name without permission. It’s your brand—protect it.
- Legal Protection: If someone’s misusing your business name, you might need to take legal steps. This can entail pursuing legal action or merely writing a cease and desist letter.
Conclusion
Knowing how to check if business name is registered in Australia is one of the first steps in establishing your business. With the help of tools like the ASIC Business Name Register, ABN Lookup, and IP Australia’s TM Checker, you can ensure that the name you want is available and legally compliant. Once you’ve checked availability, follow the steps to register your business name and protect your brand.
If your desired name is already taken, don’t worry! You can modify the name, use synonyms, check domain availability, or trademark your name to protect your business. If you want more help with setting up your business or verifying your name’s availability, contact ISM Accountants, and we’ll assist you with every step of the process.
FAQ's
You can check if a business name is registered in Australia through the ASIC Business Name Register by entering your desired name into the search tool.
Yes, a business name is simply a trading name, while a company name represents a legal entity registered with ASIC.
No, two businesses cannot register the exact same business name. You must choose a unique name that isn’t already registered.
If the name is taken, you can modify it, use a synonym, or check for domain and trademark availability to create a new variation.
Trademarking is not mandatory, but it is highly recommended to protect your business name and prevent others from using a similar one.
Yes, you can use ASIC’s free search tool, ABN Lookup, and IP Australia’s TM Checker to check name availability without any cost.
