Finding out your business name is taken after the signage is printed is an expensive lesson. It happens more than it should, usually because someone checked one register, saw the name was free and stopped there.
This guide sets out the checks to run before you commit to a name in 2026: the ASIC registers, ABN Lookup, IP Australia trade marks and domain names, plus the fees that apply from 1 July 2026. Rules and fees were checked against ASIC, IP Australia and business.gov.au on 9 October 2026.
It is for sole traders, partnerships and company founders choosing or changing a name. Once your name has cleared every check, our guide to registering a business name covers the next step.
Key takeaways
- ASIC treats names as identical if they differ only by plurals, spacing, punctuation, “the” or how they sound.
- Business name fees from 1 July 2026: $47 for 1 year or $108 for 3 years.
- A business name gives no intellectual property rights. Only a registered trade mark gives exclusive rights.
- A registered trade mark lasts up to 10 years before renewal.
- You need an ABN before registering a business name, and an ABN or ACN for a .com.au domain.
- Words like bank, university, Anzac and trust need consent before you can use them.
Business name checks at a glance
| Check | Where | What it tells you |
|---|---|---|
| Business names and companies | ASIC Connect registers | Whether an identical or nearly identical name is registered or reserved |
| ABN Lookup | abr.business.gov.au | Business names, entity names and historical trading names linked to ABNs |
| Trade marks | IP Australia Australian Trade Mark Search | Whether a similar mark covers related goods or services |
| Domain names | A registrar listed by the .au Domain Administration | Whether the web address is free, and the eligibility rules |
| Restricted words | ASIC name rules | Whether you need consent from ASIC, a minister or APRA |
Source: ASIC business name availability rules, ABN Lookup, IP Australia trade mark search and business.gov.au domain names, checked 9 October 2026.
Step 1: How do you shortlist names that will survive the checks?
Start with three to five names, not one. If your first choice fails, you want a fallback ready rather than starting from scratch.
Distinctive names are easier to clear and protect than descriptive ones. A name like “Melbourne Plumbing Services” describes a service, so it is likely to clash with others and is hard to trade mark. Spelling tricks do not help either, because ASIC treats names that sound the same as identical.
Restricted words
Under the ASIC name rules, some words need consent first:
- Group 1, apply to ASIC: for example limited, trust, incorporated, charitable.
- Group 2, ministerial consent: for example Anzac, Red Cross, United Nations, University.
- Group 3, APRA consent: for example bank, banking, credit union.
Names that suggest a false link with government or the Royal Family are also barred unless consent is obtained.
Step 2: How do you search the ASIC registers?
Use the business name availability check on ASIC Connect. A business name cannot be registered if it is identical or nearly identical to a registered business name, a company name, a name reserved for a company, or one recently cancelled or under review.
ASIC ignores these differences when comparing names:
- singular and plural forms, such as car and cars
- the words “the”, “a” and “an”
- capitals, fonts, accents, spaces and punctuation
- word order, so Green House and House Green are identical
- web elements such as www and com
- words that sound the same, such as Hare and Hair
- listed equivalents, such as bakehouse, bakery and bakers
For company names, legal terms like Pty and Ltd are ignored as well. The company name rules work the same way, and a company can also choose to be known by its ACN alone. If you are setting up a company, you can reserve a company name with Form 410. There is no equivalent reservation for business names, so you register directly.
Step 3: What does ABN Lookup add?
ABN Lookup is free and searchable by business name. It shows the entity behind each name, whether the ABN is active and, where available, historical trading names. That helps you spot businesses already trading under a similar name, even if they are in another state. Our explainer on ABN vs ACN covers what each number means.
Step 4: Why is a trade mark search the most important check?
A business name gives you no ownership of the name. IP Australia says business name registration does not give exclusive rights, and ASIC says it does not protect you if you infringe someone else’s trade mark. A registered trade mark gives exclusive rights to use the mark in Australia and lasts up to 10 years before renewal.
Search on IP Australia using the Australian Trade Mark Search. Check your exact name, sound-alike spellings and singular and plural forms, then look at which classes of goods and services each similar mark covers. IP Australia also offers TM Checker, a free tool that flags likely problems, and TM Headstart, a paid pre-application assessment with a minimum fee of $330 for one class.
Worked example: testing a name against ASIC rules
Jess wants to register “The Kat’s Bakery”. The register already has “Katz Bakehouse”.
Apply the ASIC rules: “The” is ignored, the apostrophe is ignored, “Kat’s” and “Katz” sound the same, and bakery and bakehouse are listed equivalents. The names are treated as identical, so “The Kat’s Bakery” will not be available.
She switches to her second choice, “Saltbush Loaf”, which clears ASIC, ABN Lookup and the trade mark search.
Fees: 3 years costs $108. Three separate 1-year registrations would cost 3 x $47 = $141. Choosing 3 years saves $141 – $108 = $33.
Step 5: How do you check domain names?
According to business.gov.au, a .com.au or .net.au domain requires you to be a commercial entity with an ABN or ACN. Domains are registered through a registrar or reseller listed by the .au Domain Administration. A domain secures a web address only and does not protect your name.
What does each registration protect?
| Registration | Issued by | What it does | Cost or term |
|---|---|---|---|
| Business name | ASIC | Stops identical or nearly identical names being registered | $47 (1 year) or $108 (3 years) from 1 July 2026 |
| Company name | ASIC | Legal name of the company, with an ACN | $636 to register a company; annual review fee $342 |
| Trade mark | IP Australia | Exclusive rights to use the mark in Australia for the classes covered | Fees per class; up to 10 years before renewal |
| Domain name | Registrar listed by .auDA | Secures a web address only | Set by the registrar |
Source: business.gov.au changes from 1 July 2026, IP Australia what are trade marks and ASIC registering a business name, checked 9 October 2026.
For more on company costs, see our guides to company registration costs and the ASIC annual review fee.
Step 6: How do you register and keep proof?
Once the name clears every check, register it with ASIC or through the Business Registration Service, which lets you apply for an ABN and business name together. Link it to the ABN of the entity that will trade under it. Keep screenshots of each search and every receipt in one brand file. If a dispute arises over a similar name, ASIC explains how to raise a business name dispute.
Rule of thumb: If a name fails the trade mark check, drop it, even if ASIC says it is available. A clear ASIC result does not protect you from an existing trade mark owner.
Common mistakes when checking a business name
- Treating “available” as ownership: a business name gives no exclusive rights. Only a trade mark does.
- Checking exact matches only: ASIC treats sound-alikes, plurals and word-order changes as identical.
- Using the wrong ABN: link the name to the entity that will trade, such as your company.
- Ignoring restricted words: words like bank or university need consent before you apply.
- Letting the name lapse: diarise the renewal for your 1-year or 3-year term.
FAQ about checking business name availability
Is a business name the same as a company name?
No. A company name is the legal name of a company registered with ASIC, and the company also gets an ACN. A business name is a trading name used by a sole trader, partnership, trust or company. A company that trades under its exact company name does not need a separate business name. If it trades under any other name, that name must be registered.
Do I need an ABN before registering a business name?
Yes. ASIC requires an ABN, or an ABN application reference number if you are applying at the same time. You can apply for an ABN and a business name together through the Business Registration Service. Make sure the ABN belongs to the entity that will actually trade under the name, such as your company rather than your old sole trader ABN.
Does registering a business name stop others using it?
Only partly. Registration stops another business registering an identical or nearly identical name, but it does not give you exclusive rights or intellectual property protection. Others can still use similar words. A registered trade mark through IP Australia is what gives exclusive rights to use a brand in Australia for the goods and services it covers.
How much does it cost to register a business name in 2026?
From 1 July 2026 ASIC charges $47 to register or renew a business name for 1 year, or $108 for 3 years, according to business.gov.au. Registering a company costs $636. Trade mark fees are separate and charged per class of goods or services by IP Australia, so check its fee pages before applying.
Can I get a .com.au domain without an ABN?
Generally not. business.gov.au says that for .com.au and .net.au domains you must be a commercial entity with an ABN or ACN. Other .au domain types have their own requirements, which are listed by the .au Domain Administration. Owning a domain secures a web address only and does not protect your business name.
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Nanak Accountants can check availability, set up your ABN registration and business name registration, and look after ongoing company secretarial services. For trade mark advice, speak to a trade mark attorney. Call 1300 626 258 or book a free 15-minute consultation.
This article is general information only and is not personal tax or legal advice. Figures and rules were checked against the ASIC, IP Australia, ABR and business.gov.au pages linked above on 9 October 2026. Rates and thresholds change, so confirm the current position before acting.
