Is it possible to register a trademark without personal details disclosed publically?

[daydreamer]

Ready to trademark, but I see IP Australia only allow individuals or company to register. Can't register in a business name.

We are not a company, so seems like the only option is to do it in my name, but I am not so keen on my personal details being publically disclosed, available on their website, searches, etc.

Is there any way to avoid that? Use an agent or something?

Appreciate any advice.

[JacquiPryor]

Hi Daydreamer,

The reason you can't register under a business name is simply that a business name is not a legal entity so it's not entitled to hold property (including intellectual property such as trademarks).

An application can be filed by any person who believes they are the rightful owner of the trademark and who has honest intentions to use the trademark for the goods/services. So, it would not be right/proper to file in your agent's name or accountant etc.

If you had someone else put it in their name, there could be issues potentially. If, hypothetically, another party wished to object to your trademark becoming registered they would issue notice to whoever is named in the application/on the register for example. If any further action was to be taken for some reason against the trademark, it would be instigated against whoever is listed as the owner. So, if you don't have a company then it really should be in the names of whoever owns the business. Alternatively, consider registering a Pty Ltd so that it may be the owner.

Be Mindful:

Unfortunately, there are some organisations out there that will send you correspondence (often looking deceptively like official correspondence/invoices) once your details are published. Keep an eye out for these an if unsure question anything before you pay it.

If you need further assistance, I am happy to help. Feel free to post or message or visit my website for further information.

[daydreamer]

Thanks Jacqui... your reply was very helpful!

[Beautician]

We are not a company, so seems like the only option is to do it in my name, but I am not so keen on my personal details being publically disclosed, available on their website, searches, etc.

Yes, you can.

I successfully obtained a trademark using my postal address and an abbreviated form of my name.

That is all that is available on searches etc.

You can use an agent to do it for you but I chose to do it myself.

As an aside, if you wish to register a business name and not have your details appear on the searches, you can also apply to have them suppressed. You just have to explain to the registrar your reasons and supply further information if required but this is available to you also.

[daydreamer]

Thanks Beautician.

[victorng]

The point isn't whether or not you can register a trade mark using a pseudonym, abbreviated name or whatever. You can call yourself whatever you want in your trade mark application and it will be accepted on face value (unless it's clearly questionable - e.g. if you say your name is Superman Batman).

It becomes a problem if / when it comes time to enforce, defend or sell your trade mark registration.

Is having your name on a public register that bad?

[JacquiPryor]

Just to add further to Victor's post as just one example of issues when needing to enforce or defend etc: A trademark may be vulnerable to removal if the 'owner' is not using it... so in cases of using 'pretend names' or pseudonyms etc it may become a bit messy to try and defend against any action for removal that is filed against the 'owner' based on the 'owner' not using the trademark, when that 'owner' doesn't really exist! How could you prove that 'owner' is in fact using the trademark?

As to the PO Box instead of street address - the application will ask for a street address but you can enter a PO Box and they will accept it. Years ago, IP Australia would actually (in most cases) question this and ask you to provide a street address, but they seem to allow it these days.

[Tulip]

Is having your name on a public register that bad?

If you are a person at risk, absolutely yes.

This is another reason why voting registers are soon going to be closed to the general public. Soon, you will no longer be able to just wander in and get someone's full name and address and I applaud this.

Suppression of information is very different to using fake names which is fraudulent. You must provide your real name to a public office eg. IP Australia. However, I think an earlier post has been misunderstood. An abbreviated form of your name is not fake. I use it on my bank card (my first name is listed as an initial and my middle name is omitted) so that if it's ever stolen, a person is not able to identify my gender or utilise my full name for identity theft. This is a step my bank takes as part of their security strategy.

I don't have my details suppressed re my business registration but if I was a person at risk absolutely I would seek permission to do so.

[JacquiPryor]

Trademarks through IP Australia and business names through state consumer affairs office or office of fair trading follow different rules, which can at times be a bit confusing (would be much easier if the same applied to each) -

From the current Regulations:

1) For the purposes of section 30 of the Act (which deals with publishing particulars of applications), the Registrar must publish the following particulars of the application:
...
(b) the applicant’s name;

(there are a number of things that must be published). Agreed that abbreviating a name by using initials is not a 'false' name etc - however, a previous post referred to using a pseudonym, which is defined as "a fictitious name used by an author to conceal his or her identity", so, this would not be a good idea to use in a trademark application.

If you are a person at risk then of course having your name & address details on a public register may not be a great idea - in these cases, you can have a "care of" address (so the name would still appear, but not the premise/address of the person) - or, the person may be better off considering set up of a company or trust structure so that these details appear on the register rather than individual/personal names.

[JacquiPryor]

Hi Tulip - apologies for confusion over the 'pseudonym' post - I think you are right. In any event - we now all know it's not ok to use a pseudonym

I am happy to learn something new on this one, but, there is no such process to my knowledge - Everything (the Act, Regulations, Privacy Notices, Forms etc) published by IP Australia advises applicant's that they are required to publish such particular details (including name) so that they (IP australia) and others with a need can appropriately contact the applicant if they need to. There is plenty of mention that if you are concerned about using a private/residentail address that other addresses can be used, but this is not the case for the applicant's name. I have never come across this possibility, nor seen any trademark record with a hidden applicant or owner name.

The opposite can happen (kind of) - a third party can request (under the Freedom of Information Act) copies of documents relating to a particular trademark that are not automatically published as a part of the process - in response to such a request you could provide reasons to IP Australia why certain information should not be disclosed.

Apologies to the OP - we have got a bit off track with this one, but I think it's proving an interesting discussion