How to Make Sure Your Business Name is Not Taken: 5-Step Guide

Why must you check name availability before you register?

You might think that if you don’t see another local business with your name, you are in the clear. But it is a bit more involved than that. A proper check is about more than just avoiding awkward mix-ups with another company in your local area.

The biggest risk is legal trouble. If your chosen name is too similar to another of the many registered business names, or more seriously, a registered trade mark, you could face legal action. This could force you to rebrand completely, costing you time, money, and the brand recognition you’ve worked hard to build.

Beyond the legal side, there is the issue of your brand identity. A similar name can confuse customers, dilute your marketing efforts, and make it harder for people to find your online service. A clear, available name provides a strong foundation and is a critical part of a solid business plan, whether you’re starting an online store or an indigenous business venture.

5 steps on how to check if your business name is available

Establishing a structured process in place can save you from future trouble. Take this as a checklist to have the best possible start for your business. Each stage of registration gives you a complete picture of the name’s availability. 

Step 1: Start with a simple web search to filter conflicting names

Before you get into official government registers, start with the most obvious tool you have. A quick search on Google or your preferred search engine is a great first filter. It can immediately show you if your name idea is already in heavy use across Australia.

• Type your proposed name into the search bar, both with and without quote marks to see different results. 
• Try a few variations as well, including different spellings or adding your city or industry.
• Look at the results closely for any businesses with the same or a very similar name, especially those in your industry or region.

This initial search gives you a quick feel for the landscape. If the first page of results is filled with businesses using your exact name, it might be time to head back to the brainstorming session. This simple check can save you a lot of time on the more formal steps later on.

Step 2: Use ASIC Connect to check business name availability

This is your first official check, a critical part of your business registration journey. In Australia, you must register your business name with the Australian Securities and Investments Commission (ASIC), unless you trade under your own personal name. So, their names register is the first place to look for direct conflicts.

1. What is ASIC’s name availability tool and how does it work?

This online search helps you check if a business name is available for registration. It runs 14 automated checks and provides results like available, not available, or requiring manual review by an ASIC staff member.

2. Where to search: ASIC online services for name checks? 

To do this, you will need to use ASIC’s online services, specifically the ASIC Connect portal. 

Head to the ‘Search business names register‘ page within the ASIC Connect portal to begin. Choose the ‘Check business name availability’ from the drop-down box. Enter your proposed name and see what comes up; you can do this before you even create an ASIC Connect account.

3. What information will I get?

You’ll see for free whether your business name is available or not. ASIC follows a ‘traffic light system’ that displays the name’s status. 

An amber or red result may indicate that the name is identical or too similar to an existing registered name, or that it fails to meet other necessary criteria.

Once you are ready to register, you’ll lodge regulatory documents using the ASIC regulatory portal. While individuals can do this, however, many businesses use a registered ASIC agent or an authorised lodger to handle these processes. They are familiar with ASIC’s portals and professionally handle your company’s details and licence details effectively 

Step 3: Verify the name using the ABN Lookup Register

Your next stop should be the Australian Business Register’s ABN Lookup. Every business in Australia needs an Australian Business Number (ABN), a unique 11-digit identifier. The public ABN Lookup tool lets you search for businesses and see their registered details, including their trading names.

How to use the ABN Lookup tool?

The ABN Lookup tool offers Advanced Search and Statistical Query options for users who need more detailed or large-scale business insights.

1. Advanced ABN Lookup Tool

This excel-based tool allows you to apply targeted filters to retrieve multiple ABNs at once for a deep search

Here’s what you can do with it:

• Search by postcode to get a list of all ABNs registered within a specific area.
• Filter by entity type to see the business structures.
• Check for tax concession status to Identify entities registered as charities
• Merge filters to layer multiple criteria (e.g. postcode + structure) for granular results.

2. Statistical Query

This enables you to request non-identifiable statistical data from the Australian Business Register for broader insights. 

Here’s what it offers: 

• High-level information like how many ABNs are active by region, industry, or entity type.
• Custom data extracts
• Bulk insights: Ideal for government bodies, consultants, and researchers needing aggregated data.

This is a valuable cross-check against the ASIC database. Sometimes an existing business, especially a sole trader, might be actively using a name linked to their ABN that you need to be aware of. The tool confirms who is officially behind certain trading names and their business address.

Searching here gives you another layer of confidence. If your name passes the ASIC check and also doesn’t appear connected to an active ABN, you’re in a much stronger position. It helps build a complete picture of who is operating under what name, preventing future conflicts.

Step 4: Check for registered trademarks

This is arguably the most important step, and one many new business owners forget. A registered business name does not automatically give you the right to use it. If another business has a registered trade mark for that name, they have exclusive rights to use it for specific goods or services.

A trade mark protects a brand’s identity, which can include names, logos, and taglines. Using a name that infringes on a registered trade mark can land you in very serious and costly legal trouble. It’s a risk you do not want to take with your new venture.

You must check the Australian Government’s official database. Use the Australian Trade Mark Search tool on the IP Australia website. Search for your exact name and close variations to see if any active trademarks exist that could cause a conflict for your business.

When searching for a trade mark, you also have to consider the ‘classes’ of goods and services. A trademark is registered in specific categories, and there are 45 classes in total. For example, a trade mark might be registered for use in clothing but not in accounting services; meaning the same name could potentially be used by different businesses in unrelated industries.

For this, you can conduct an advanced search using the same tool to check for existing trademarks across relevant classes, see the screenshot below for how it works.

This is important for professionals like a credit licensee or SMSF auditors, who need to build a distinct brand. Even if the name is available on the business names register, a trade mark in the same class of financial services would prevent its use. If you are unsure, getting professional advice is highly recommended.

Here is a simple table to help clarify the differences between these core business identifiers.

Step 5: Lock in domain and social media handles for your name

In today’s digital world, your online presence is just as important as your physical one. Your business name needs to be available where your customers will look for you. This means checking for domain names and social media handles as part of your initial search.

Start with domain names. A .com.au is the standard for an Australian business and builds trust with local customers. It’s also wise to check for the .com version, as many people default to this extension. If both are taken, it might be a sign that your name choice will cause confusion.

Next, check the major social media platforms. You want a consistent handle across platforms like Facebook, Instagram, LinkedIn, and any others relevant to your industry. A quick search on each platform will show you if your desired username is available, which will also affect your professional email address format.