Sydney-based lawyer. Formerly Legal Intern at Lawpath.
If you are looking to start a new business and have been labouring over which name to register, it is important to find out whether another business already uses that name in Australia. A business name gives the business its own title or name which it will then use when conducting business.
It is crucial to first understand that registering a business name is different to registering the name as a trademark. If you are planning on only registering a business name, this will not give you all the rights to that name. Other businesses will still be able to trade and advertise with that name. If you want the exclusive rights to do anything with your business name it is best to apply for a trademark.
How to Find out if a Business Name is Taken
Whilst you are trying out different names, ASIC provide a business name register that can be used to search whether a business name is taken. When searching just change the criteria to ‘Check Business Name Availability’. When applying for a business name, ASIC will check during the application process.
Something else to consider before applying for a name are some of the availability tests used by ASIC. Some of these will rule out the proposed name automatically without it necessarily matching another name. Some of the checks include:
- Invalid characters
- Undesirable words or expressions and Restricted words or expressions
- Names used already
- Names held on transfer
- Names registered to another body or state/territory register
- Names held subject to finalisation of activity
- Words and expressions taken to have the same meaning
- Words that sound the same
If, instead, you are looking to register your business name as a trademark, IP Australia provides the Australian Trademark Search that you can consult before you Apply for a Trademark. To find out more about the examination process, refer to our guide, How to Register a Trademark.
Conclusion
In order to save time and money, it is important to make your proposed business name as viable as possible. Before registering a business name, ASIC states you need an ABN, the business address and recommends getting an AUSkey at the same time. If you need an ABN, LawPath can help you register for an ABN.
Do you need help registering a business name or ABN? Contact a LawPath consultant on 1800 529 728 to learn more about customising legal documents, obtaining a fixed-fee quote from one our network of 750+ expert lawyers or any other legal needs.
