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How to register a brand name in Australia

Written by Jack Harrington and Gabriel Pozo, the founders of Urban Media, Melbourne. Updated .

People say they want to register their brand, then register a business name and assume they are protected. They are not. A business name, a company name, a domain and a trade mark are four different things, and only one of them gives you legal rights to the brand.

This guide explains each one and the order to do them in. It is general information, not legal advice, and it was checked against IP Australia, ASIC and business.gov.au on 10 October 2026. Rules and fees change, so confirm on the official page.

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The four things people call brand registration

  • ABN: a free number that identifies your business to government. It is not a name registration and gives you no rights to a name.
  • Business name: registered with ASIC if you trade under a name other than your own. It lets you trade under the name. It does not give you ownership of it.
  • Company name: set by registering a company with ASIC. It is also not a trade mark.
  • Trade mark: registered with IP Australia. This is the one that gives you legal rights to your brand name or logo for the goods or services you register it for.

Domain and social handles

A domain name and social handles are not legal protection either, but they matter. Secure the .com.au and the handles for the name you choose before you build a brand on it.

Step 1: check the name before you fall for it

  • Search the ASIC register for business and company names.
  • Search the trade mark register with IP Australia's free TM Checker.
  • Check the domain and the social handles.
  • If a similar name already exists in your industry, pick a different one now, not after the logo is done.

Step 2: how a trade mark works

You apply through IP Australia. A trade mark can be a word, a logo, a phrase and more, and a logo is usually filed as a device mark. You choose the classes of goods and services you want covered: goods sit in classes 1 to 34 and services in classes 35 to 45, and protection only covers what you list.

IP Australia publishes a picklist of pre-approved terms, which avoids classification problems. Applications take months, they are generally public, and fees are charged per class, so check the current fee schedule on their site before you file.

The order that wastes the least money

  • Check the name on the ASIC register, the trade mark register, the domain and social handles.
  • Choose your structure and get your ABN.
  • Register a business name with ASIC if you trade under a name other than your own, or register your company.
  • Apply for the trade mark before you spend heavily on a logo, a website or ads that build the brand.
  • Then build the brand: logo, colours, fonts, voice and a one-page style guide.

Where Urban Launch fits

The registrations are yours to do, ideally with an accountant or a trade mark attorney. Once the name is safe, Urban Launch builds what goes on top, in order, by one Melbourne team: brand, website, content and systems.

Official sources

This guide was checked against these official pages on 10 October 2026. Rules change, so confirm on the source before you rely on a detail.

More guides for new businesses

All of them are on the guides page.

Who is behind this

Jack Harrington and Gabriel Pozo, the founders of Urban Media, on a shoot in Melbourne

Urban Launch is built and run by Urban Media (ABN 28 169 446 902), a Melbourne studio founded by Jack Harrington and Gabriel Pozo. Urban Media makes video, design and websites for clients including Box Hill United, Brighton Grammar and Porsche Club Victoria.

If you want to talk to the people doing the work, call 0456 785 904. More about who we are, and how to check us, is on the About page.

Jack Harrington, co-founder of Urban Media, on how Urban Launch works. Captions are on screen.

Common questions

Does registering a business name protect my brand name?
No. A business name registration with ASIC lets you trade under the name, but it does not give you ownership of it. A trade mark registered with IP Australia gives you legal rights to the brand for the goods or services you register it for.
How do I check if a brand name is already taken?
Search the ASIC register for business and company names, search IP Australia's free TM Checker for trade marks, and check the domain and social handles.
What is the difference between a business name and a trade mark?
A business name lets you trade under a name and is registered with ASIC. A trade mark gives you legal rights to a brand name or logo in the classes you register it for and is registered with IP Australia.
Can I register a logo as a trade mark?
Yes. A trade mark can be a word, a logo, a phrase and other things. A logo is typically filed as a device mark, and IP Australia examines it for distinctiveness.

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