Rules for acceptable business names

Identical or nearly identical names

If someone else has registered an identical or nearly identical business name, you cannot use it. The name will also be unavailable if it is identical or nearly identical to a name that:

• someone has applied to register
• someone is transferring
• we are already reviewing
• has been cancelled in the last 4 or 6 months (depending on whether it was cancelled by the business name holder or by ASIC)
• is reserved for or already registered to a company
• belongs to a government body or authority (for example, ‘Fair Trading NSW’)
• is registered to someone else on certain state or territory registers (for example, the Register of Incorporated Associations in NSW).

How we test whether a name is identical or nearly identical

There are specific rules that we must use when comparing a proposed business name with other names to determine if they are identical or nearly identical. Our business name availability tests take these rules into account.

There are separate rules for comparing a business name with company names and comparing a business name with other registered names, including other business names.

Acceptable characters

Business names can only include the letters of the English alphabet, numbers, spaces and common punctuation marks. The common punctuation marks are:

. , ; : ! ? ‘ ’ “ ” ( ) - and /

Only a few special characters are allowed:

# $ = % & | * \ { } @ and _

You cannot use accented letters.

Undesirable business names

‘Undesirable’ business names cannot be registered. A name is undesirable if it suggests an association that does not exist with:

• any level of government in Australia (more details outlined in the Names Determination)
• a foreign government
• receipt of Royal patronage or a member of the Royal Family
• a charitable organisation
• an ex-service personnel organisation or ex-service personnel
• Sir Donald Bradman
• Saint Mary MacKillop
• the United Nations.

A name is also undesirable if it:

• suggests the members of an organisation are totally or partly incapacitated when they are not
• includes the words ‘Commonwealth’ or ‘Federal’ (unless ASIC is satisfied that the word is used to refer to a location, such as ‘Federal Avenue Snacks)
• is likely to offend the public or sections of the public.

There are ministerial guidelines (PDF 264KB) that outline the steps you need to take and the criteria you must address if you apply for consent to use an undesirable business name.

If you meet the criteria, you can apply directly to ASIC, following the steps to apply for consent to use a name.

Restricted words and expressions

Some words and expressions are ‘restricted’ because their use in a business name could, for example, mislead consumers. Abbreviations of restricted words and expressions, or words and expressions that have the same or a similar meaning, are also restricted.

There are three groups of restricted words and expressions, depending on how you apply for consent to use them.

• For Group 1 you apply directly to ASIC.
• For Group 2 you need to get consent from the relevant minister before you apply to ASIC.
• For Group 3 you need to get consent from the Australian Prudential Regulation Authority (APRA) before you apply to ASIC.

There are ministerial guidelines (PDF 264 KB) that outline the steps you need to take and the criteria you must address if you apply for consent to use a restricted word or expression in a business name.

If you meet the criteria, you can apply for consent to use a name.

Group 1: Apply to ASIC for consent

For all the restricted words and expressions listed here, apply directly to ASIC, following the steps to apply for consent to use a name.

Group 2: Ask the relevant minister for consent

For all the words and expressions listed here, you will need to ask the relevant minister for consent. If the relevant minister gives you a letter of consent, follow the steps to apply to ASIC for consent to use a name.

Group 3: Ask APRA for consent

For all the words and expressions listed here, you will need to ask the Australian Prudential Regulation Authority (APRA) for consent. You must address the relevant criteria in the APRA guidelines (PDF). Contact APRA at APRAinfo@apra.gov.au if you need more details.

If APRA gives you a letter of consent, follow the steps to apply to ASIC for consent to use a name.

Steps to apply to ASIC for consent to use a name

If you meet the relevant criteria in the ministerial guidelines (PDF 264KB) for using an undesirable name or restricted term and expression in your business name, you can apply for consent to use it. The ASIC delegate may consult with relevant departments or ministers, for example if you apply to use the restricted word ‘RSL’.

Next steps

If we did not approve your application for consent, you have the right to ask for a review of an ASIC business names decision.

Industry and professional terms

Some state and territory laws limit the use of industry and professional terms in general. For example, if your business name includes words that suggest you are licensed in a trade or profession when you are not, you may break the law and face penalties.

This is not a matter for ASIC, but you should consider these laws before you register a business name.

Some examples follow, but there may be more.

• Architect – all states and territories
• Builder – all states and territories
• Registered Professional Engineer – Queensland
• Licensed surveyor – some states
• Veterinarian and related terms – all states and territories.

Relevant legislation and guidelines

The laws and rules about identical and nearly identical names, undesirable business names, and restricted words and expressions can be found in:

• Business Names Registration Act 2011
• Business Names Registration (Availability of Names) Determination 2015 (the Names Determination)
• Corporations Regulations 2001
• Guidelines for Ministerial consent to business names under the Business Names Registration Act 2011