Business name registration
- Thread starter beech
- Start date
I believe you can register the same biz name in a different state even if it's registered in another. The dept of fair trade is a state department and i believe is only responsible for it's own state (i think). But i think company names are national. Best bet is to call dept of fair trade and ask them.
I believe that's right - my 'No' was to same company name. Not sure about Business names, but I have seen the same name across different states quite often.
Cheers,
Jen
A business name can be withdrawn- but I guess that it's rare.
Many years ago, I worked for the NSW Department of Corporate Affairs. One of our programmers came across the name "Werafakawi P/L". He liked this, and used it in demos of our new computer system. (Implied swear words are really not allowed in company names)
But some of the people who viewed the demos didn't like the name, so made them withdraw it. It would have cost the company some amount of money.
But the name lives on
Many years ago, I worked for the NSW Department of Corporate Affairs. One of our programmers came across the name "Werafakawi P/L". He liked this, and used it in demos of our new computer system. (Implied swear words are really not allowed in company names)
But some of the people who viewed the demos didn't like the name, so made them withdraw it. It would have cost the company some amount of money.
But the name lives on
I think if you're trying to register a business name that is similar to one that already exists, and you think it may be a problem, you are able to contact the owner of that other business name to get permission from them to use the name you want. If they say yes, then all should be good.
I could be wrong, but it's worth a shot...
I could be wrong, but it's worth a shot...
Yes you can register the same Trading/business name in each state. It has happened to us - someone registered our trading name after we registered our name in SA.
However, you can't register similar trading names in the same state. It isnt up to the original owner to decide if you can register a similar name, it is the Office of Business and Consumer Affairs who will stop you registering it (or whatever it is called in your state) because the similar names might confuse the consumer, and that is what this rule is trying to stop.
You also cant register the same name if it is a PTY LTD (either as a Trading name/Business name/Company name) in more than 1 state - the PTY LTD is an Australia wide registration.
However, you can't register similar trading names in the same state. It isnt up to the original owner to decide if you can register a similar name, it is the Office of Business and Consumer Affairs who will stop you registering it (or whatever it is called in your state) because the similar names might confuse the consumer, and that is what this rule is trying to stop.
You also cant register the same name if it is a PTY LTD (either as a Trading name/Business name/Company name) in more than 1 state - the PTY LTD is an Australia wide registration.
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So if you had of registered your company as PTY LTD this other business would NOT have been able to even register a trading name in another state?
.
Because the name id like to register that has the same name is a PTY LTD in NSW.
So based on your explanation i wouldnt even be able to use this same business/trading name in Victoria?
hi
simple answer is no.
a business name is a name that is registered in a state
and yes you can have them in different states
you will find that the company that owns those names is the same for all.
a company is national and the company superceeds the business name
so if you have a company with the name and you do get it registered for some error on anyones fault
the pty can ask for you to stop using the name and can ask for all your paperwork while every you have used that name and can claim damages, for damage to there corporate standing.
a business name lasts for 3 years but a company stays for every it is an entity and not insolvent.
you can however add a letter or number to the name and its fine
example magic eye and then a magic eye both legal business names 0ne a company and the other a business name and both in nsw by adding a simple a or the changes the name completely and there is then no problem ( as long as someone else hasn't done it).
best place to do this is on the asic web site and check company names first and then fair trading.
with regards asking a pty if the will allow you to reguister a name the same as theres save the phone call I wouldn't and most legals for the pty would either.
add a letter or word if you like the name.
simple answer is no.
a business name is a name that is registered in a state
and yes you can have them in different states
you will find that the company that owns those names is the same for all.
a company is national and the company superceeds the business name
so if you have a company with the name and you do get it registered for some error on anyones fault
the pty can ask for you to stop using the name and can ask for all your paperwork while every you have used that name and can claim damages, for damage to there corporate standing.
a business name lasts for 3 years but a company stays for every it is an entity and not insolvent.
you can however add a letter or number to the name and its fine
example magic eye and then a magic eye both legal business names 0ne a company and the other a business name and both in nsw by adding a simple a or the changes the name completely and there is then no problem ( as long as someone else hasn't done it).
best place to do this is on the asic web site and check company names first and then fair trading.
with regards asking a pty if the will allow you to reguister a name the same as theres save the phone call I wouldn't and most legals for the pty would either.
add a letter or word if you like the name.
Correct, you will need to change the name you want. We have just been through this exercise. The PTY LTD takes precedence over state law because of the additional legal standing it has. Do a search on ASIC and see if you can get close to what you want. I think there MAY be an exception if the name you want to use is your actual name? But it would have to be your whole name and not part name (that is where we came unstuck!)
make sure youre pc doesnt freeze when youre doing it too!!
i registered a company name, got to the end, and had the system freeze on me.
so went thru process again, tried registering again and of course got to the end only to be told it had already been registered. yeah by me...30 seconds earlier you clown...and you froze on me. now its lost somewhere in cyber cleardocs world and had to choose another name to get it all through!! very annoying!!
i registered a company name, got to the end, and had the system freeze on me.
so went thru process again, tried registering again and of course got to the end only to be told it had already been registered. yeah by me...30 seconds earlier you clown...and you froze on me. now its lost somewhere in cyber cleardocs world and had to choose another name to get it all through!! very annoying!!
hi beech
internet name is the easy part as you can get .com,.com.au,.net.au and a host of others
fair trading does it over the net for bus names but for a company I would by a company
age group pty ltd and then by the business name and have the name owned by the company.
the bus name is the one the public sees and does not need to be the company name.
it is also better as when the business becomes sellable you sell the business with the name but the company stays with you and the assets of the company also stays with you, so its a better business call to do it this way.
I have alot of business names but only one head operating company for that market and that company owns the names and they trade separately and the head company gets a percentage of profits to it.
you need to get a bit of advice from your accountant before any setup,
you have asked how to register and whats the difference but this is why and how you setup a business and that need to be setup very carefully and is not a case of quess a name and a start a company.
a bit of a reality check in the first 2 years of operation 95% of new business fail and in the next 12 months another 3% drop off the perch hense the reason banks don't like to lend to them unless you give them a marketing plan.
hope you well
internet name is the easy part as you can get .com,.com.au,.net.au and a host of others
fair trading does it over the net for bus names but for a company I would by a company
age group pty ltd and then by the business name and have the name owned by the company.
the bus name is the one the public sees and does not need to be the company name.
it is also better as when the business becomes sellable you sell the business with the name but the company stays with you and the assets of the company also stays with you, so its a better business call to do it this way.
I have alot of business names but only one head operating company for that market and that company owns the names and they trade separately and the head company gets a percentage of profits to it.
you need to get a bit of advice from your accountant before any setup,
you have asked how to register and whats the difference but this is why and how you setup a business and that need to be setup very carefully and is not a case of quess a name and a start a company.
a bit of a reality check in the first 2 years of operation 95% of new business fail and in the next 12 months another 3% drop off the perch hense the reason banks don't like to lend to them unless you give them a marketing plan.
hope you well
Ah yes, the domain name. Actually, we cheated a bit on that. We had a business name registered which was our second choice name due to PTY issues mentioned above, but we were able to use our first choice for a domain name, because the people who had 'pinched' our first choice name as a PTY LTD hadnt registered the same .au domain name! Quite weird really.
Because the domain name was also relevant to our actual name, we were able to register it as an .au domain.
In SA it costs around $110 to register a business name.
Because the domain name was also relevant to our actual name, we were able to register it as an .au domain.
In SA it costs around $110 to register a business name.
hi Pushka
you need to register the same name with the majority of .com .au ,.net etc because if you don't and the pty find out and they register the majority
they can ask melbourne IT to ask you to stop and desist and can ask to have the .com.au assigned to them
if its a .com they can't but if its .com.au its thru melbourne IT and as they are in aust they can,
a pty does give you the right to the name as long as you can show that you have a presents on the net and that that web name can confuse
I would check with melbourne IT and clarify It.
you can register with budjet web registration and it cost $28 for the second web address and so on and its for 3 years.
most register .com to get away from conflicts.
you need to register the same name with the majority of .com .au ,.net etc because if you don't and the pty find out and they register the majority
they can ask melbourne IT to ask you to stop and desist and can ask to have the .com.au assigned to them
if its a .com they can't but if its .com.au its thru melbourne IT and as they are in aust they can,
a pty does give you the right to the name as long as you can show that you have a presents on the net and that that web name can confuse
I would check with melbourne IT and clarify It.
you can register with budjet web registration and it cost $28 for the second web address and so on and its for 3 years.
most register .com to get away from conflicts.
Hi grossreal
The PTY LTD co has three words in its name - it has an extra word - 'group', but the first two words were the same as the ones we wanted to use, so we were refused to have this as our business name because of 'market confusion'. The PTY LTD is using those three words as its domain name, but the domain name using the two words we wanted was available - one of those words is our surname, the other describes our business, so IT allowed it.
The .com was already taken. Hope this is OK - although the website is not really where we generate our business.
The PTY LTD co has three words in its name - it has an extra word - 'group', but the first two words were the same as the ones we wanted to use, so we were refused to have this as our business name because of 'market confusion'. The PTY LTD is using those three words as its domain name, but the domain name using the two words we wanted was available - one of those words is our surname, the other describes our business, so IT allowed it.
The .com was already taken. Hope this is OK - although the website is not really where we generate our business.
