How to Check if a Business Name is Available

Table of Contents

Share at:

Your business idea is prepared and you are ready to dominate the market. You even thought of a clever name for your business. Alison Peck, like many small business owners, followed that process in naming her small chocolate business No. 5.

While both the chocolate and the perfume smell amazing, Alison landed herself in potential lawsuit situation. See Five things you need to know about Chanel’s “No. 5” branding dilemma.

It is worth noting that conducting a trademark search on ATMOSS along with searching whether your selected business name is available could prove useful. Failing to check the availability of your business name could lead to possible trademark infringements, you could be sued by a competitor for attempting to use the same, or similar, business name. You can also risk losing brand recognition that you may have built up in the market or, even worse, it can lead to closure of your business.

It is important to note that there is a difference between a trademark and a business name. Business names do not provide you, as the owner, with proprietary rights for the use of that name. On the other hand, a trademark provides the owner with the exclusive right to use that trademark for goods and/or services for which it is registered, in Australia.

How can you avoid landing in Alison’s situation?

There are tools online that can help you figure out if your clever business name is available or if someone else got the idea before you.

  • ASIC Connect is a useful tool that allows you to check the availability of your business or company name online. ASIC has a business availability test that your chosen name must pass in order to be registered.
  • Businessname is another website that yields a quick answer indicating whether the entered business name is available.

If you need further information about legally protecting your business, contact a Lawpath consultant on 1800LAWPATH.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

What Happens If You Break a Contract? The Ultimate Guide to Contractual Remedies (2026 Update)

Contractual breaches can be devastating. Learn exactly what you can do and what remedies the courts may grant to rectify them.

Can a Handwritten Agreement Hold Up in Court?

Is a handwritten agreement a legally binding agreement? Turns out, what is on the inside is what truly counts.

Is Driving Without Shoes Illegal in Australia?

Although driving without shoes may be the more comfortable option, it's something you may want to think twice about. Learn what the rules are here.

How to Set Up a Family Trust (2026 Update)

Setting up a family trust requires careful planning and an understanding of how trusts operate. Find out how to get started here.

How to Exit Your Shareholders’ Agreement

Are you looking to sell your shares in a company? Not quite sure how to exit? Read on to learn more about how to exit your shareholder's agreement.

Quick Tips: Legal Documents For Business Founders

Learn about the legal documents, including Shareholder's Agreement and Vesting Agreement, that you may need when starting a business.