Found Your Perfect Business Name? Here’s What to Do Next

Table of Contents

Share at:

A business name is a crucial element of starting or owning any business. It is an asset you will trade under and what the public will identify you as. In this article, we will outline what you need to do when you discover your perfect business name.

Who Needs to Register their Business Name?

You will need to register your business name if you are running a sole trader business, partnership or trust, otherwise your business’s name will be your individual legal name. By contrast, a company does not require you to register a name separately.

Prior to registering your business name, you will have to acquire an Australian Business Number (ABN). An ABN is an 11 digit number used as an identifier by the government for taxation purposes.

Naming your Business

Before registering your business name, you should check whether it meets the following criteria:

1. There is No Overlap

Your business name cannot overlap or is very similar to an existing one. We offer a Company Namecheck tool which checks business name availability.

2. If Your Business will be Named After Yourself

If the business name is your full name or that of your partner’s, there is no need to register the business name.

Example

Natalie H wants to set up a hair salon business named ‘Natalie H’. As this business will be trading under her name, Natalie does not need to go through the business name registration process.

3. Restrictions on Business Names

Business names which are likely to be offensive to the public are restricted by ASIC. If the name has the terms, ‘Charity’ or ‘University’, it will also be restricted as it may mislead consumers by implying connections to such high-profile institutions. Additionally, ASIC does not accept some characters in business names including ‘ä’ and the ‘greater than’ > symbol. The full list of restrictions is available on the ASIC website.

4. If Your Business is a Company

A company has an obligation to display their legal status. If your business is a proprietary company, it must include Proprietary or ‘Pty’ in the name, e.g. McDonalds Pty Ltd. This also applies for no liability (NL) and limited liability (Ltd) companies.

Registering your Business Name

Once you have selected your perfect business name and have acquired your ABN, you can register your company. The registration applies nationally, allowing you to open your business anywhere in Australia. LawPath offers an online company registration which is quick and easy. We also offer additional services to help you set up your new business from the start.

Protecting the Intellectual Property of Your Business Name

However, it is important to remember that registering your business name will not give you sole trading rights or ownership specific to that name. A business name is only used to identify your business. Other businesses can still use the same name for trading and advertising. In order to gain exclusive trading rights and ownership over your business name, you will have to register a trademark for it. A trademark is a sign which is used to uniquely identify your business. An example of a brand’s trademark is Nike’s ‘Swoosh’, which others cannot use without Nike’s approval.

Additionally, if someone else has registered a business name with ASIC that you have already registered as a trademark, they cannot use it. If they continue, you can contact an intellectual property lawyer and pursue legal action. The registration of a trade mark over your business name will grant you legal protection from any potential legal consequences. Therefore, it is important to search for existing trademarks or register for one before you finalise your perfect business name.

Finding your perfect business name that represents your ideals to the public can be a struggle. But with the help of this article, you’ll be on the right path to secure your perfect business name.

Don’t know where to start? Contact us on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest lawyer marketplace.

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 Is Capital Gains Tax (CGT)? A Guide for Small Business Owners

If you are selling or disposing of assets, then you’ll need to consider Capital Gains Tax (CGT). Learn how to calculate CGT with our comprehensive guide.

What You Can’t Claim in Taxes This EOFY 2026: The ATO’s Weirdest Tax Deductions Revealed

This article dives into all things you need to know about tax deductions this EOFY and the weirdest deductions ever claimed, revealed by the ATO.

Share Sale Contract: A Guide to Buying and Selling Company Shares (2026 Update)

If you're selling or buying company shares, your share sale contract is essential. Learn about the ins and outs of share sales here.

Ultimate Guide on How to Start an NDIS Business

If you want to learn how to start an NDIS business today, this ultimate guide is all you need. Read along to find out.

How to Deregister a Company in Australia (2026 Update)

If you are ready to deregister your company in Australia, it’s important to follow the proper legal process. Check out our guide to get started.