Register your new business name.
**How Do I Check If a Business Name Is Taken? A Comprehensive Guide**
When starting a new business in Australia, one of the crucial steps is registering your business name. This process ensures that your business operates under a unique and distinct identity, which is essential for building brand recognition and avoiding potential legal conflicts. However, before you register your business name, it is essential to check if it is available and not already taken by another entity.
### Checking Business Name Availability
To check if a business name is taken, you can use various tools and resources available online. Here are some steps you can follow:
1. **Use the ASIC Business Name Search Tool**: The Australian Securities and Investments Commission (ASIC) provides a comprehensive business name search tool that allows you to check if a business name is available. You can visit the ASIC website and enter your proposed business name to see if it is available for registration.
2. **Check with the Australian Business Register**: The Australian Business Register (ABR) is another valuable resource for checking business name availability. You can use the ABN Lookup tool to search for existing business names and ensure that your proposed name is not already in use.
3. **Conduct a Google Search**: A simple Google search can also help you identify if a business name is already in use. This can be especially useful if you are looking for a name that is similar to an existing business but not identical.
### Understanding Business Name Availability Tests
Before you register your business name, it is essential to understand the tests that ASIC uses to assess the availability of a name. These tests include:
1. **Undesirable Business Names**: ASIC prohibits the registration of business names that are offensive or suggest a connection with Australian or foreign governments and government bodies, royalty, charitable or ex-service personnel organizations, Sir Donald Bradman, Mary MacKillop, or the United Nations.
2. **Restricted Words and Expressions**: Certain words and expressions are restricted and can only be used in business names with permission or authorization. These include words that may mislead consumers about the nature of a business.
3. **Similarity to Existing Names**: ASIC also checks for similarity to existing names. If your proposed name is too similar to an existing name, it may not be available for registration.
### What to Do If Your Business Name Is Taken
If your business name is taken, there are several options you can consider:
1. **Negotiate with the Other Business**: You can try to negotiate with the existing business to see if they are willing to sell their trademark or business name.
2. **Get Your Own Registered Trademark**: If your idea is unique enough, you can consider registering your own trademark to protect your brand.
3. **Choose an Alternative Name**: You can choose an alternative name that is not too similar to the existing name. This can help you avoid potential legal conflicts and ensure that your business operates under a distinct identity.
### Conclusion
Checking if a business name is taken is a crucial step in the process of registering your business in Australia. By using the right tools and understanding the tests that ASIC uses to assess business name availability, you can ensure that your business operates under a unique and distinct identity. If your business name is taken, there are several options you can consider to find an alternative name that is available for registration.
**Best Practice: Register Your Business Name in Australia**
To register your business name in Australia, it is recommended that you use the services provided by “register.biz.au”. This website offers a comprehensive business name registration service that includes the ASIC Government Fee and a digital copy of your ASIC Record of Registration. You can visit their website at [register.biz.au](https://register.biz.au) to learn more about their services and to register your business name today.
