Why a Business Name Isn’t Enough: Protect Your Brand the Right Way
Choosing a business name and registering it with ASIC might feel like you’ve officially claimed your brand — but that’s only part of the picture. In Australia, having a business or company name does not give you exclusive rights to that name as a brand. And if it’s already trademarked by someone else, you could be forced to rebrand or even face legal challenges.
The 3 Essential Checks
Before you commit to any brand name, it’s critical to run a three-way availability check:
- Trademark Register
Start with IP Australia’s trademark search. If someone has already trademarked the name (or something confusingly similar), they legally own it — even if it’s available as a business name or domain. This is the most protective layer and should always be your first step. - Domain Name Availability
Securing a domain is essential for your digital presence. If the.com.auor.comversion of your brand is taken, you may face confusion, limited visibility, or worse — users ending up on a competitor’s site. - Business Name or Company Registration (ASIC)
While registering a name with ASIC makes it legal to operate under that identity, it doesn’t stop others from using or trademarking the same name in different industries. It’s a formal step — but not a protective one.
Why This Matters
Many founders mistakenly believe that having a business name registered with ASIC means they’ve locked in their brand. The truth is, only a registered trademark offers exclusive rights to a name. And if you accidentally build a brand on a name that’s already protected, you could be forced to stop using it — even if your ASIC registration was approved.
We explain this further in our guide: 👉 Understanding Trademarks and Symbols
The Safer, Smarter Way to Name Your Brand
To help make this process easier, we’ve created a free Brand Name Availability Checker that lets you:
- Instantly search for trademarks via IP Australia
- Check if your preferred domain is still available
- Link directly to business name search results
It’s a quick way to reduce risk — and avoid costly rebranding down the track.
Registering a business name is a step, not a safeguard.
If you’re serious about your brand, start with proper checks — and protect it from the ground up.
