How to choose a business name you can actually register

ASIC will refuse a business name that is identical to one already registered, and it will also refuse one that is too similar. That second part is stricter than most people expect. Adding or removing a word like "the", using a plural instead of a singular, changing the punctuation, or writing "&" instead of "and" usually is not enough to make a name different. If "Bright Spark Electrical" is taken, "The Bright Sparks Electrical" will very likely be knocked back too.

So start with a long list. Ten names, fifteen, without being too fussy. Then run each one through the search on our business names page and cross off anything identical or obviously close. You will lose more than you think.

Some words cause trouble on their own. Words that suggest a link to government, a regulated profession or a regulated activity, such as "bank" or "university", may need approval or may not be allowed at all. A sole trader or partnership cannot use words that make the business look like a company, like "Pty" or "Ltd". Offensive names are refused. If something on your list sounds official, ask our team before you get attached to it.

A business name is not a trade mark

Registering a business name lets you trade under it. That is all. It does not give you ownership of the name, and it does not stop someone else using something similar.

Legal rights over a name or logo come from a trade mark, which is a separate process through IP Australia. A business name that clashes with someone's registered trade mark can still get you into trouble, even though ASIC accepted it. This is general information only, and if the name is central to your plans, a trade mark attorney or lawyer can tell you where you stand.

A registered business name is also not much use if the obvious domain belongs to another business. Customers type the plain version of your name, and if that lands on someone else's website, you have lost them before they found you. A .com.au needs an Australian presence, such as an ABN, and the domain has to match your name or be closely connected to your business, so registering the business name first gives you that connection. Social handles tell you something too. If the one you want needs two underscores and a year on the end, the name is probably crowded.

Then say it out loud. Tell a friend the name over the phone and ask them to spell it back. Names that get misheard or misspelt cost you customers quietly for years.

By now you should be down to two or three. Have these ready before you register:

• your ABN, because a business name cannot be registered without one
• the name exactly as you want it to appear
• the holder's details and an email address you actually read, since renewal notices go there
• a choice of one year or three for the registration period

Names go first come, first served, so a free name today can be gone next month. Once you have one that clears the checks, registering it with us is short work. You search the name on our site, enter the holder's details and ABN, pick one year or three, and pay. We lodge the registration with ASIC for you.

If you are buying an existing business and its name with it, the seller gives you a transfer key, and you enter that key on the same business name registration form.

While you are at it, you can register the matching .com.au domain, or a .au or .com, and add hosting with email if you need it. All of it then sits in your Registry dashboard. If you are not sure whether a name will pass, call our team on 1300 070 000, Monday to Friday, 9am to 5pm Melbourne time, before you pay for anything.