Registering a business name is a legal requirement in Australia if you’re operating under a name different from your registered company or personal name. Beyond compliance with the Business Names Registration Act 2011 (Cth), securing a unique and legally available business name protects your brand, reduces the risk of legal disputes, and helps you build trust with customers.
If you’re launching a new venture or rebranding an existing business, our business lawyers will walk you through every step – from checking name availability to registering with ASIC.
Key Takeaways
You must register a business name if you trade under any name other than your own or your company name.
Business name registration does not grant ownership or exclusive rights – only a trade mark does.
Conducting trade mark and competitor research before registration minimises the risk of infringement.
Always check domain availability to avoid future rebranding.
Registration through ASIC is straightforward but must be backed by due diligence.
Step 1: Understand When You Need to Register
If you operate as a sole trader under your exact personal name (e.g., Jane Smith), you don’t need to register a business name. However, if you trade as Jane Smith Consulting or anything else, registration is required.
Similarly, if your company is called Green Building Pty Ltd but you operate as Eco Homes, you must register Eco Homes as a business name.
If you’re launching a new business, engaging a startup lawyer can help ensure your business name, structure, and legal documents are set up correctly from the start.
Step 2: Research Competitor Business Names
Choosing a business name is both a branding and legal decision.
While descriptive names like Brisbane Cleaning Services can help with local SEO, they lack distinctiveness and may increase the risk of confusion with competitors. Plus, overly generic names can also make trade mark registration more difficult.
Before proceeding:
Check industry directories
Review business names on ASIC
Avoid names that sound or look similar to established brands
Step 3: Search the ASIC Business Name Register
Use the ASIC Business Name Register to:
Check if your proposed name is already taken or too similar to another registered name
Understand ASIC’s “similar name” rules (e.g., ignoring “Pty Ltd” and minor punctuation)
Also search the Australian Business Register (ABR), which lists:
Current and past trading names
ABNs linked to similar or conflicting names
Names still in informal use (until October 2025)
Important: These checks do not guarantee legal protection. They only confirm name availability for registration.
Step 4: Search the Trade Mark Register
Registering a business name does not equal trade mark protection.
A registered trade mark grants exclusive rights to use, license, and enforce your brand identity in connection with specific goods/services. You can search trade marks through IP Australia’s Trade Mark Register.
We recommend:
Searching for exact and similar marks
Checking across relevant classes
Consulting a business lawyer or trade mark attorney
Caution: If a trade mark already exists that is similar to your name (even if it’s unregistered) you may still face legal action.
Step 5: Consider Common Law Rights and Consumer Law
Even unregistered trade marks may be protected under common law trade mark protections. These include:
The tort of passing off
Australian Consumer Law (ACL) – misleading or deceptive conduct
This means that if your business name is confusingly similar to an established brand (even one without a registered trade mark), you could be liable for misrepresentation.
To reduce this risk:
Look for longstanding or high-traffic brands using similar names
Search business websites, social media, and platforms like LinkedIn
Avoid names that could imply endorsement or connection with another business
Step 6: Check Domain Name Availability
Your business name and domain name should align. If you secure a business name but not the matching domain, you may have to rebrand later or compromise your marketing strategy.
Australian businesses must have an ABN or ACN to register domains ending in .com.au or .net.au. These domains are regulated by au Domain Administration (auDA) and must be registered through an accredited registrar, such as GoDaddy and VentraIP.
Aligning your domain and business name from the outset supports a stronger, more cohesive brand and reduces the likelihood of disruption later.
Step 7: Register Your Business Name with ASIC
After completing your due diligence:
Go to ASIC Connect and log in or create an account
Provide your ABN
Choose a 1- or 3-year registration term
Pay the applicable fee (starting at ~$42 for 1 year)
Upon approval, you’ll receive a certificate of registration.
Don’t forget: You need to display your registered business name on your website, invoices, signage, and marketing materials – it’s a legal requirement.
Frequently Asked Questions
Do I have to register a business name if I already have a company name?
Yes. If the business name is different to your company name. For example, if your company is “Green Building Pty Ltd” but you trade as “Eco Homes“, you must register “Eco Homes” as a business name.
Can I register more than one business name under the same ABN?
Yes, a single ABN can be used to register multiple business names. However, each business name must be registered separately through ASIC and meet the relevant naming requirements.
What happens if I don't renew my business name on time?
If you fail to renew your business name before the due date, ASIC will cancel the registration. Once cancelled, the name becomes available to others. A short grace period may apply, but reinstatement is not guaranteed.
Can two businesses have the same name in different states or industries?
While ASIC registers business names nationally, two businesses may have similar or identical names if they operate in unrelated industries or if one name is registered as a trade mark. However, this may still lead to confusion or legal disputes.
Do I need to register my own personal name as a business name?
If you are trading under your exact personal name (e.g., “John Smith”), registration is not required. However, if the business name includes additional words (e.g., “John Smith Consulting”), registration with ASIC is mandatory.
