Registering a name doesn’t guarantee you are entitled to trade under it.
What’s in a name?
Nothing much… just the future of your business
Despite what many people think, registering a company name, business name, domain or trade mark doesn’t guarantee you are entitled to trade under it.
There are a number of searches to be done right at the beginning of any venture, to prevent costly fixes once a business is established and operational.
Some of the questions that we are asked:
If a company name is available on ASIC, can I use it as my trading name?
Not necessarily. ASIC will register any company name that is not identical to an existing one.
Can I just make a slight change to my company name?
In some instances, making a small change or addition, such as “Australia”, may make your name registerable but might not be a good idea. Making a name plural is not accepted by ASIC.
Can I trade under an ASIC-registered name?
Not necessarily. If another business is already operating under a very similar name you could be infringing on their trade mark or IP, which could result in costly rectification or cessation of trade.
How can I be confident I can trade under my company name?
Get your adviser involved right from the start. There are a number of searches they can organise that will provide you with certainty that your company name is unique, and that you can secure the domain names and register the trade marks you want before you start operating.