Search all three registers before you commit to a name, then get your ABN, register the business name and register the domain on the same day. File a trade mark straight after if the name is central to your brand. Doing it in this order means your .com.au clearly matches a registered name, and you don’t build a brand on a name someone else already owns.
Key takeaways
- A business name, a domain name and a trade mark are three different things on three different registers.
- Only a trade mark gives you exclusive rights to a name. A business name or domain doesn’t.
- Check the trade mark register first, even if you never plan to file one.
- A .com.au needs an ABN or ACN, and a domain that matches your registered business name is the cleanest route.
- Register the business name and domain the same day, so nobody takes the domain in between.
What’s the difference between a business name, a domain and a trade mark?
They sound similar but do very different jobs.
| Registration | Who runs it | What it gives you |
|---|---|---|
| Business name | ASIC | The right to trade under that name Australia-wide |
| Domain name | auDA, through a registrar | A licence to use the web address |
| Trade mark | IP Australia | Exclusive rights to the name for your goods or services |
The government’s business.gov.au site is blunt about the gaps. Registering a business name “doesn’t give you exclusive rights to it”, and it “does not stop someone who has registered the name as a trade mark from using it” (business.gov.au). The same site notes that a domain name gives you no IP protection either. It just means you hold the website address.
What’s the right order to register them?
Step 1: Search all three registers
This step is free and it’s the one people skip. Check three places:
- Trade marks: IP Australia’s free TM Checker shows whether a similar mark already exists for similar goods or services.
- Business names: ASIC’s register shows whether the name, or something too similar, is already taken.
- Domains: a domain search shows whether the .com.au, .au and .com versions are free.
Start with trade marks. If someone has registered your name as a trade mark in your industry, a business name won’t protect you. You could face legal action for using it (business.gov.au). Finding that out now costs nothing. Finding out after you’ve printed signage costs a lot. Our guide on how to choose a domain name helps if your first choice is taken.
Step 2: Get your ABN
You need an ABN before you can register a business name or a .com.au domain. It’s free to apply on the Australian Business Register, and most online applications get an answer straight away (business.gov.au). If you’re setting up a company, you’ll have an ACN as well.
Step 3: Register the business name
You need a business name if you’ll trade under anything other than your own name or your company’s exact name. Registration with ASIC costs $47 for one year or $108 for three years (business.gov.au). It’s done online and usually takes minutes.
Step 4: Register the domain the same day
Domains are first in, first served. Don’t leave a gap between announcing a business name and registering the matching domain.
Doing the business name first also helps your .com.au application. Under auDA’s rules, a .com.au must match or abbreviate your business name, company name or trade mark, or match a product or service you offer (auDA). A domain that exactly matches a registered business name is the clearest case.
That matters more now. In 2026 auDA proposed removing the product and service pathway for new .com.au and .net.au names, while letting existing names keep the current rules (SmartCompany). It’s a proposal, not a final rule, but a name-matching domain is safe either way. Our guide to registering a .com.au domain covers eligibility in detail.
Step 5: File a trade mark
A registered trade mark gives you exclusive rights to use it in Australia, and protection lasts 10 years from the filing date, with renewals after that (business.gov.au). It’s the only one of the three that lets you stop someone else using your name.
Not every business needs one on day one. If you’re a sole trader working under your own name, it may never matter. If you’re building a brand you plan to grow, franchise or sell, file early. IP Australia charges per class of goods or services, so check its current fees before you apply. Some names can’t be registered as trade marks at all, such as common words or place names.
What are the common traps?
- Registering the name, then finding the domain gone. Do both in one sitting.
- Assuming a business name is ownership. It isn’t. Only a trade mark gives exclusive rights.
- Letting the ABN lapse. Since 20 May 2026, .au renewals are blocked if the ABN or ACN behind the domain is no longer active (SmartCompany).
- Registering the domain in a staff member’s or web designer’s name. Always register it to your business.
- Forgetting the other versions. Many businesses also register the .au direct and .com versions to protect the brand.
What comes after the registrations?
Once the name is secured, set up business email on your domain and get a simple website live, even a one-page one. You’ll need somewhere reliable to host it; our Australian web hosting runs from data centres in Brisbane and Melbourne. And choose carefully now: if you ever need to switch, our guide to changing your domain name shows how much work a rebrand takes.
We register and manage domain names for Australian businesses, with a .com.au costing $80 + GST for two years.
Frequently asked questions
Do I need a business name to register a .com.au domain?
Not always. You need an ABN or ACN, and the domain must match or relate to your business, company or trade mark name, or currently a product or service you offer. A registered business name that matches the domain is the simplest way to meet the rules.
Does registering a business name stop others using it?
No. A business name lets you trade under that name, but it gives no exclusive rights. Someone with a registered trade mark for the same name can still use it, and may be able to stop you. Only a trade mark gives exclusive rights.
Should I trade mark my business name before registering it?
Search the trade mark register first, always. Filing your own trade mark can come straight after you register the business name and domain. If the brand is central to your plans, don’t wait long, because protection runs from the filing date.
How much does it cost to register a business name and domain?
A business name costs $47 for one year or $108 for three years through ASIC. An ABN is free. A .com.au domain costs $80 + GST for two years with us, and prices vary between registrars.
What if the domain I want is already taken?
Try a close variation, a different extension such as .au direct, or a name that adds your location or service. Before choosing a new business name, check that its domain is free too, so the two match from the start.
Sources
- Difference between a business name and a trade mark, business.gov.au
- Register a domain name, business.gov.au
- Register for an Australian Business Number (ABN), business.gov.au
- Register your business name, business.gov.au
- com.au and net.au rule changes, auDA
- Small businesses to keep existing .com.au URLs after policy backtrack, SmartCompany, 21 October 2026
- The new 90-day domain name rule that can kill your business’ online presence, SmartCompany, 30 July 2026
- Trade mark, business.gov.au