How to know if your ideal business name is available in Australia

How to know if your ideal business name is available in Australia

Choosing an available business name is an important step when setting up a business in Australia. Foreign business owners expanding into Australia should check name availability before registering a company, branch or business name to avoid delays and having to choose a different name.

For businesses planning a non-resident business setup or company registration from abroad, the process can be completed remotely. However, the proposed name must meet Australian requirements before it can be registered. 

How to choose a business name

You generally need to register a business name if you trade under a name that is different from your legal name. For example, a sole trader operating under his full first name and surname does not need a separate business name. A company also does not need to register a business name if it trades under exactly the same name as its registered company name. 

For a foreign-owned company, it is important to distinguish between company registration and business name registration. Registering an Australian company does not automatically give you the right to use a different trading name. For example, a company registered as ABC Consulting Pty Ltd would need to register a business name if it trades under a different name, such as ABC Business Solutions. However, if it trades under ABC Consulting Pty Ltd, it would not need to register a separate business name. 

Choose a name that reflects your business, is distinguishable from existing names and does not imply an association or qualification that you do not have. 

What makes a business name acceptable

Australian Securities and Investments Commission (ASIC) can reject a proposed name if it is identical or nearly identical to an existing or pending name. Restrictions can also apply where a name:

• is already registered, reserved, being transferred or under assessment

• has recently been cancelled

• is associated with a government body or authority

• contains certain restricted words or expressions

• falsely suggests government, royal, charitable or other affiliations

• could be offensive or misleading.

 Business names must also use permitted characters. Certain industry and professional terms, such as ‘architect’, ‘builder’ or ‘veterinarian’, may be subject to separate state or territory laws. 

Registering a name does not necessarily mean you can legally use it. Other laws, including professional licensing and industry-specific requirements, may restrict its use. 

How to check if your business name is available

You can check a proposed name through the ASIC business names register before applying. ASIC uses a traffic-light system to know the name’s status:

• Green: the name appears to be available.

• Amber: ASIC needs to assess the name after you apply.

• Red: the name is unavailable.

 An amber result does not necessarily mean the name cannot be registered. It may occur because the proposed name contains an unfamiliar, invented or unusually spelled word that requires manual assessment.

As foreign business owners, you should also consider whether the proposed name is suitable for your broader Australian operations, including your website, branding and trading activities. 

Who cannot hold a business name

Not everyone is eligible to hold a registered business name. You may be disqualified if you or someone involved in managing the business has been convicted of certain offences, including qualifying offences involving dishonesty. Disqualification can apply regardless of whether the offence occurred in Australia or another country. 

A person disqualified from managing a corporation may also be unable to hold a business name. ASIC must be notified if someone involved in managing the entity becomes disqualified. 

Can someone register a business name on your behalf

You can authorise another person to register a business name for you. An accountant, solicitor, family member, friend or another person can act as an authorised lodger and submit the application on your behalf. This can be particularly useful for overseas owners completing a remote business setup. 

The arrangement is between you and the authorised lodger, and ASIC is not a party to that private arrangement. 

How ABN Australia can help

Setting up an Australian business from overseas involves more than checking whether a name is available. Foreign owners may also need to determine the appropriate structure, meet Australian registration requirements and arrange ongoing compliance. 

ABN Australia assists overseas businesses with Australia company incorporation, branch establishment and related business setup requirements. Our team can also help coordinate business name registration as part of the incorporation process, making company setup more straightforward for you who need support with Australian expansion. 

For overseas businesses looking for experienced business establishment providers, ABN Australia can support the establishment process from abroad and help you understand the steps involved in operating in Australia. Contact our team today for a tailored advice.

Last updated: 16th Sept 2026

About the Author

Ro Elvinia is ABN Australia's Customer Success and Marketing Manager. She holds a bachelor’s degree in mass communication, majoring in journalism, and also has an academic background in civil engineering. With over a decade of experience in professional writing and a background spanning journalism, Australian immigration, and business services, Ro brings a unique mix of communication and analytical expertise. She works closely with international clients and contributes to ABN Australia's content strategy, helping global businesses stay informed and confident as they navigate the Australian market.