If you’re planning to start a new business, the first thing that you want to do is think about what it will be called. You may have spent weeks coming up with this name, and now it’s finally time to go ahead and register your business. However, there could be one small obstacle in your way: the name might already be taken!
How to check if your business name is taken in Australia
To check if your business name is taken in Australia, use the business name checker at Registry Australia and search your desired name.
You can also search for other businesses that have the same or similar names as yours using Registry Australia's business name search tool to see if you have any close competition.
Does the other business have a registered trademark?
To check whether you can use your business name, you will need to check if the other business has a registered trademark.
If they do and it's similar or identical to your proposed business name, you'll need to find another name for your company. You can search for existing trademarks by visiting IP Australia or contact us at Registry Australia for more information about trademarks.
What to consider if your business name is taken
If you find that your business name is taken, here are some things to consider:
- Who owns the domain name? If someone already owns your business name as a domain name, it's best to avoid using that name in any way. This can be tricky because a lot of businesses use their own names as their website addresses and vice versa. However, if you want to protect yourself from having a competitor with the same name as yours, make sure that you have registered all your trademarks or copyrights over this particular brand and then try again!
- Is my company registered under this business name? You may need to check with ASIC for this one. ASIC is Australia's corporate regulator; they handle registration for companies operating within Australia's borders. If no one has previously registered with ASIC under this particular brand (and if there aren't any other competitors), then go ahead with registering under it!
What options are there if your business name is taken
If you're trying to register a business name that's already in use, there are several options available.
- Negotiate with the other business owner. It's possible they may be willing to sell you their existing trademark. However, if they have spent a lot of time and money building up their brand recognition using that name, they may be reluctant to sell it at any price.
- Get your own registered trademark for your idea (if possible). If your idea is unique enough to make sense as a brand name without being confusingly similar to another company's existing one (e.g., Apple Computers vs Apple Inc.), then this might be your best option for protecting yourself from legal action by someone who wants nothing more than taking advantage of people who don't know any better than believing everything Google tells them about how trademarks work online today!
- Register your business as a domain name using Registry Australia’s domain search tool. This will let consumers know which site offers what kind of information so they don't get confused later down the line when trying out new ideas about what products might work best for them based on what other customers have written beforehand.
What to do in the case of a dispute about similar business names
If you think someone else has the same business name as you, your first move is to talk to them. If you can't resolve it amicably, apply to IP Australia or ASIC for a ruling.
If the other party doesn't agree with your decision, then you're going to need to pick another name. You'll want legal advice on this, because each state has different rules about these cases and how they're handled.
Looking to secure a business name?
If you’re ready to start your own business, but you can’t find a name that you like and is available for use, don’t fret! There are plenty of ways to secure a great name, even if it seems like all the good ones have been taken. The most important thing to remember is that there is no rush—you have plenty of time to find the perfect moniker for your new venture.
Contact us today or visit our website to register a domain or business name.
