Home – New Forums Starting your journey Registering a business name Reply To: Registering a business name

#1177785
Anonymous
Guest
  • Total posts: 11,464
Up
0
::
BlackCoffeeComms, post: 206952 wrote:
Hi all..looking for some advice. I want to register a business name for a side biz, but have encoutered an issue

The biz name I want is available, but the url…bizname.com.au is not (but says the website is coming soon…)

It seems to be owned by someone in Melbourne who has taken down all her social media pages and has another URL in her actually name that is also parked. (both registered through GoDaddy).

Couple of questions…if I register the biz name, what (if any) recourse do I have through the Australian Domain Name register to nab the url?

or ..Should I take bizname.net.au and keep an eye out for the .com.au lapsing?

or Should just come up with a new biz name ????

(Why, or why would someone register a URL before registering the biz name…gees!)

Thanks in advance

Nicole.

I think people register URLs on the assumption of being able to resell or because they want the name for a future business/idea and they want to get it before someone else. There is also alot less paperwork in getting an URL than a business name. It is a cheap but not necessarily secure way of blocking access to a name.

However, the only secure way of obtaining and retaining a name is by way of trade mark registration. Note I am not an expert but this is what I have learnt. There is also a difference between trade mark and registered trade mark.

In my case I was using a name in an informal way over a number of years. Whether deliberately or accidently someone else registered the name as a business name.

For various reasons I subsequently registered the name with IPAustralia. I then wrote to the owner of the business name and asked to buy it from them while pointing out the history of my use of the name as well as IP ownership. The owner never responded.

I subsequently wrote to ASIC and requested they cancel the business name on various grounds including ownership of the registered trademark and the current business owner not actually trading with, or using the business name. I won’t go into the inefficiencies ASIC but with a bit of pressure (or maybe I was lucky) the agency cancelled the business name registration despite a current moratorium on the cancellation of business names.

If you are serious about needing an retaining the name then you need to register it through IP Australia. It will cost about $750 and take about 6 months. (This is for Australia only).