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You registered the name. You may not own the brand.
Why an ASIC business name is not the same as a trade mark, and the five checks founders should run before committing to a brand.
Registering a business name feels official. You pay the fee. You get the registration. The name is yours, right?
Not quite.
A business name registration lets you trade under that name. It does not automatically give you exclusive ownership of the brand. It does not mean nobody else can use a similar name. It does not mean the name is safe from a trade mark issue.
This is one of those boring details that can become very expensive once the logo is done, the website is live and the uniforms have arrived.
Registering a business name feels official. You pay the fee. You get the registration. The name is yours, right?
Not quite.
A business name registration lets you trade under that name. It does not automatically give you exclusive ownership of the brand. It does not mean nobody else can use a similar name. It does not mean the name is safe from a trade mark issue.
This is one of those boring details that can become very expensive once the logo is done, the website is live and the uniforms have arrived.
Image Caption
The one bit of gold
ASIC and IP Australia are different systems. They do not automatically protect you from each other.
A name may be available as a business name while still conflicting with an existing trade mark. A company name, business name, domain name and trade mark all do different jobs.
If the brand matters, do not stop at the business name search.
The five-name check
Before committing to a business name, run five checks.
First, check ASIC business and company names.
Second, check IP Australia trade marks. Look for identical names, similar names and names in related goods or services.
Third, check domain availability. The .com.au or relevant Australian domain should match the brand as closely as possible.
Fourth, check social handles. You do not need every platform, but inconsistent handles can create customer confusion.
Fifth, do a normal Google search. Search the exact name, similar spelling, abbreviations and your industry.
The goal is not just legal clearance. The goal is to avoid confusing the market.
ASIC and IP Australia are different systems. They do not automatically protect you from each other.
A name may be available as a business name while still conflicting with an existing trade mark. A company name, business name, domain name and trade mark all do different jobs.
If the brand matters, do not stop at the business name search.
The five-name check
Before committing to a business name, run five checks.
First, check ASIC business and company names.
Second, check IP Australia trade marks. Look for identical names, similar names and names in related goods or services.
Third, check domain availability. The .com.au or relevant Australian domain should match the brand as closely as possible.
Fourth, check social handles. You do not need every platform, but inconsistent handles can create customer confusion.
Fifth, do a normal Google search. Search the exact name, similar spelling, abbreviations and your industry.
The goal is not just legal clearance. The goal is to avoid confusing the market.
Use TM Checker as an early filter
IP Australia's TM Checker can be a useful first screen for word or logo marks. It can help identify whether a proposed trade mark is likely to face problems when examined.
It is not a guarantee. Trade marks can be technical. The class of goods or services matters. Descriptive names can be difficult. Similar names in related industries can create problems. A trade mark attorney can be worthwhile if the brand is valuable or the risk is unclear.
A name should pass the invoice test
Here is a practical test: imagine a customer trying to pay you, search for you, recommend you and complain about you.
Can they spell the name?
Can they say it out loud?
Can they find you without adding "Melbourne" and three other words?
Does another business appear in search results and look similar?
Can a supplier or customer confuse you with someone else?
A cool name that cannot be found is not a brand. It is a puzzle.
IP Australia's TM Checker can be a useful first screen for word or logo marks. It can help identify whether a proposed trade mark is likely to face problems when examined.
It is not a guarantee. Trade marks can be technical. The class of goods or services matters. Descriptive names can be difficult. Similar names in related industries can create problems. A trade mark attorney can be worthwhile if the brand is valuable or the risk is unclear.
A name should pass the invoice test
Here is a practical test: imagine a customer trying to pay you, search for you, recommend you and complain about you.
Can they spell the name?
Can they say it out loud?
Can they find you without adding "Melbourne" and three other words?
Does another business appear in search results and look similar?
Can a supplier or customer confuse you with someone else?
A cool name that cannot be found is not a brand. It is a puzzle.
Do the future-you check
Founders often choose names for the business they are starting today, not the one they might build.
If you start with one product, will the name still work when you add services? If you start in Melbourne, will the name still work in Sydney or online? If you start as a solo operator, will the name still work when there are 20 staff?
A name that is too narrow can become a cage.
Founders often choose names for the business they are starting today, not the one they might build.
If you start with one product, will the name still work when you add services? If you start in Melbourne, will the name still work in Sydney or online? If you start as a solo operator, will the name still work when there are 20 staff?
A name that is too narrow can become a cage.
What to do this week
What to do this week
Before ordering anything with a logo, run the five-name check. If the name matters to the value of the business, get proper trade mark advice before you fall in love with it. The cheapest time to change a bad name is before anyone knows it.
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Run the check
Sources and useful links
Website disclaimer note: This article provides general information only and does not take into account your circumstances. It is not a substitute for tax, legal, financial, employment, cyber security or other professional advice. Check source dates and obtain advice before acting.
Before ordering anything with a logo, run the five-name check. If the name matters to the value of the business, get proper trade mark advice before you fall in love with it. The cheapest time to change a bad name is before anyone knows it.
Suggested CTA
Run the check
Sources and useful links
Website disclaimer note: This article provides general information only and does not take into account your circumstances. It is not a substitute for tax, legal, financial, employment, cyber security or other professional advice. Check source dates and obtain advice before acting.
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Got questions?Maybe it’s time for a macchiato with Chris.
Got questions?
Maybe it’s time for a
macchiato with Chris.
Ready to kick-start your
self-made journey?
© 2026 Denari Advisory. Liability limited by a Scheme approved under Professional Standards Legislation.
Strategy and Site by Touching Base
Ready to kick-start your self-made journey?
© 2026 Denari Advisory. Liability limited by a Scheme approved under Professional Standards Legislation.
Strategy and Site by Touching Base
Ready to kick-start your
self-made journey?
© 2026 Denari Advisory. Liability limited by a Scheme approved under Professional Standards Legislation.
Strategy and Site by Touching Base
