How to Check If a Business Name Is Available in Australia

Choosing the right name is one of the most vital decisions when starting a business. But having a catchy, creative, or relevant name isn’t enough—you also need to ensure it’s legally available to use. In Australia, registering a business name that’s already taken, trademarked, or confusingly similar to another can create major roadblocks.

This guide explains how to check if a business name is available in Australia, how to avoid costly mistakes, and what tools to use to verify availability, ownership, and legitimacy.

Why Business Name Availability Matters

In 2024, over 2.5 million actively trading businesses were operating in Australia, according to the Australian Bureau of Statistics (ABS). That number continues to grow annually, making business name availability a more competitive and complex issue than ever.

A business name is more than just a label—it’s your identity in the market. Registering one that overlaps with an existing name can lead to:

• Registration refusal by ASIC
• Brand confusion in the market
• Trademark disputes
• Forced rebranding (costing thousands in reprints, signage, legal fees, etc.)

Step 1: Use ASIC’s Business Name Register

The first place to check is the ASIC (Australian Securities and Investments Commission) Business Name Register.

How to use it:

1. Go to ASIC Connect Search
2. Select “Business Names” from the drop-down.
3. Enter your proposed business name.
4. Hit search and review the results.

What to look for:

• Registered: Already taken. You’ll need to choose a different name.
• Cancelled: Recently deregistered names may not be available immediately.
• No match: This could indicate availability, but it’s not a guarantee.

Tip: Even if the name is available, ASIC might still reject it if it’s too similar to an existing registered business or company name.

Company Name vs. Business Name: Understanding the Difference

One common point of confusion is the difference between company names and business names.

Company Name

• Used by incorporated businesses (e.g., “TechNova Pty Ltd”).
• Registered through ASIC and automatically reserved during incorporation.
• Must be unique nationally.

Business Name

• Used by sole traders, partnerships, or trusts.
• Must be registered separately if different from the owner’s legal name.

Step 2: Use ABN Lookup to Cross-Verify Trading Names

Just because a name isn’t on ASIC’s list doesn’t mean it’s not in use. Many sole traders or partnerships operate under trading names linked to their ABN (Australian Business Number).

Use the ABN Lookup Tool:

• Visit https://abr.business.gov.au/
• Enter the business name you want to check.
• Look for any active trading names or registered entities.

Why it’s helpful:

• Validates if the business is active and legitimately trading
• Helps identify potential conflicts even if the name isn’t on ASIC

Step 3: Check for Trademark Conflicts with IP Australia

Even if a name is available on ASIC and not in the ABN database, it could still be trademarked—which gives its owner the legal right to prevent others from using it in the same industry category.

How to check:

1. Go to IP Australia’s Trademark Search
2. Enter your proposed business name.
3. Review exact matches and confusingly similar names.
4. Check trademark classes—particularly Class 35 (retail, marketing, services).

Example:

Let’s say you want to start a cleaning business called “FreshWipe Cleaning.”
– ASIC shows it’s not registered.
– ABN Lookup shows no trading names.
– IP Australia reveals that “FreshWipe” is trademarked in Class 37 (cleaning services).

Result: You risk legal action if you proceed, even if ASIC lets you register it.

How to Check If a Business Is Legitimate in Australia

With scams on the rise, it’s essential to validate whether a business you’re dealing with is real.

Steps to confirm legitimacy:

• Use ABN Lookup to verify business registration status.
• Use ASIC to check company registration, directors, and financial filings.
• Cross-check with external sources (Google Business, reviews, social profiles).

Look for:

• An active ABN
• A clear business address
• A registration date that makes sense

How to Find Out Who Owns a Business

Depending on the business structure, ownership details may or may not be public.

For Sole Traders:

• ABN Lookup may show the individual’s name.

For Companies:

• ASIC extracts can reveal:
  • Director names
  • Officeholders
  • Company addresses

Note: You may need to purchase a company extract ($9) from ASIC for detailed info.

Common Mistakes When Choosing a Business Name

Before you fall in love with a name, make sure you’re not making one of these mistakes:

• Skipping a domain name check
  You might secure the name legally but find that the .com.au domain is already taken.
• Ignoring social media handles
  Consistent branding is important across all platforms.
• Failing to check trademarks
  Just because ASIC lets you register a name doesn’t mean it’s safe to use.
• Using similar or confusing names
  Names that sound alike or look alike may be considered legally conflicting.
• Not checking state-by-state usage
  Even if it’s not registered, someone may be using it unofficially in another state.

Final Checklist: Before You Register

Here’s a simple 4-step pre-registration checklist:

Task	Tool/Website
Check ASIC Business Name Register	asic.gov.au
Search for existing ABNs	abr.business.gov.au
Search trademarks	ipaustralia.gov.au
Check domain + social media handles	GoDaddy, Namecheap, Instagram, etc.

Conclusion: Take the Time to Do It Right

Securing your business name is more than just a formality—it’s the foundation of your brand identity. By conducting proper business name checks, verifying ownership, and avoiding legal landmines, you protect your business from future complications.

Whether you’re launching a local service, an eCommerce store, or a national brand, taking the time to research your name properly will save you time, money, and stress.

Resources

• ASIC Business Name Register
• ABN Lookup
• IP Australia Trademark Search
• Business Name Registration – business.gov.au