Home – New Forums Starting your journey ASIC… here to ummm… hinder?

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  • #978869
    Rex
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    • Total posts: 24
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    Thought this long tale may be of interest to fellow soloists.
    I’m trying to ramp-up one part of my business that has always been on the backburner so I decided to bite the bullet, register an individual business name for that side of things and get marketing.
    After countless hours working on a name and finally deciding on one that had a URL not occupied by scumbag-cyber-squatters™ I went to the NSW Department of Fair Trading website to register my proposed name only to find that DoFT has now handed naming responsibilities over to ASIC. And from there the games began…
    First-off there was an extended hand-over limbo period where you couldn’t access info through ASIC’s webpage and you couldn’t register a name through DoFT.
    Fair enough thought I everything considered.
    So I wait a while. Once that was sorted out I had to wrestle with the ASIC webpage. Oh man, so tragic. It’s like some substandard intranet page gone public. None of the navigation pathways or search results seem to make sense unless you already know what you’re looking for. Useful.
    Anyway… finally found what I needed & started searching to make sure my chosen name wasn’t being used. Search results all tell me that no companies, businesses etc are using the name and similar names haven’t been legally in use for years.
    Great thinks I and go and buy URL first (as ASIC registration page was offline again at the time) and get new webpage up (or as the case was link to a backpage of my existing main site).
    So, then back to ASIC to register the name.
    Walk through process, click to register and receive error message that reads something along the lines of ‘Name is not available as it is identical or nearly identical to one presently registered, existing name similar to or used by 0 of 0 businesses’.
    Fab, it just gets better thinks I.
    Try to get in touch with them about this via e-mail.
    Find what I think is the right form and ask for urgent help.
    A week later I receive a reply from ‘Neville’ at ASIC that basically said ‘hey yeah, that’s weird isn’t it. Can’t tell you why it is doing that as it’s an automated system. You’ll have to ask for a human to review your request’.
    Okay so I try to reply to ‘Neville’ only to find that the e-mail address is a no-reply job. Great, back to square one.
    So I try to lodge a request for review on their webpage. The form repeatedly spits me out returning errors because I have to enter my business name & the name the name is registered to before I can make an enquiry, ummmm hello, I’m here because I’m trying to register a business name…
    So I finally get on the blower.
    Their automated untouched by human ear-balls telephone navigation system makes their webpage look like an award winning showcase of best-practice customer service…
    After 25 minutes of wading through menus and hold periods I get a real live human.
    He tells me that the system is a bit clunky. Really says I…
    He checks my search and confirms that for no explicable reason the name isn’t available. Great! Progress here we come!
    Wrong.
    That will have to go to review’ he says.
    Cool’, says I, ‘so we’re talking a week or so? I need to get marketing or re-steer ASAP’.
    Tele-op stifles laugh. ‘No…’ he says ‘at least a month but more likely two or more’.
    You know I get why they merged all this at a federal level but how can they do so and create such an absurdly stifling and inefficient system?
    I’m now thinking I’ll have to roll-out my second choice name as this is all time-sensitive, I need to ‘launch’ pre-spring, and they can’t even give me any real idea how long the review will take or whether this is just a glitch or a conflicting name problem.
    ASIC, here to hinder small business….

    #1110128
    victorng
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    Wow … 2+ months for a manual review?!

    You say that it’s for something that is part of your existing business. Do you really need a business name registration? I understand that it can be useful but why not sit and wait for the review and continue using your company name in the meantime.

    If you want to ensure your domain name is secure and you want to start marketing, filing a trade mark application is another option. While the current timeframe for trade mark examination is 3 to 4 months, you can expedite it so that you find out if there’s any issues in 3 to 4 weeks. And besides, trade marks are ace.

    Cheers,
    Victor

    #1110129
    Kennethti
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    • Total posts: 415
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    Yes but then after that it’s advertising and opposition and that takes so long.

    #1110130
    JacquiPryor
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    Trademarks are ace! ;)

    Even once your new business name is registered, I would still be suggesting that you look into trademark registration if you have a catchy & clever name. Trademark Registration = Name Protection….

    Anyway, there are certainly a lot of complaints about the new system. I like the idea of the national business name registration, but the delays and errors in the transition period are leaving a lot to be desired… you’ll find a few threads on this forum discussing the issues and frustrations.

    I hope this is resolved sooner rather than later for you :)

    #1110131
    Rex
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    victorng, post: 122621 wrote:
    Wow … 2+ months for a manual review?!

    Yeah, I said something similar to that Victor except there were a number of other words attached…

    victorng, post: 122621 wrote:
    Do you really need a business name registration?

    Yes, I presently trade under my own name as that’s my ‘brand’ & I need a name to clearly differentiate my business channels.

    victorng, post: 122621 wrote:
    If you want to ensure your domain name is secure and you want to start marketing, filing a trade mark application is another option…

    Sound advice Victor but then wouldn’t I still end up hamstrung (not to mention burning time & money) if ASIC then decide I can’t use the name?

    #1110132
    JacquiPryor
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    but then wouldn’t I still end up hamstrung (not to mention burning time & money) if ASIC then decide I can’t use the name?

    Not if you’re strategic about it… You need a business name registered if you are trading by something other than your own name… Registering a trademark gives you the right to use that trademark for the goods/services you nominate, amongst other rights.

    Purely as an example – your trademark could be a name or logo, let’s say a fancy logo around your ‘brand’ name of XYZ. Your trading name (business name) or company if you prefer to go down that path could be XYZ Australia, or XYZ Business Services etc. So long as your customers/suppliers/marketplace can tell who they are doing business with – your protected trademark and promoted ‘logo’ could be a variation thereof. i.e. trademark does not have to match your registered business/company name. Obviously it’s better to have them match in a situation like you have described – but, there are ways around that if needed…

    Good luck!

    #1110133
    liforet
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    Hi all,

    Rex, sorry to hear the hoops you are going through so much just to get something done. I’m also having hell with ASIC website. I’ve been trying to register my business name as a sole trader for the last two days, with very, very little luck. When I entered my ABN to begin, an error message kept coming up saying that the ABN is incorrect and it needs to be 11 digit. I entered the exact 11 digits from the official letter that ATO issue me, and cross-referenced with ABN lookup. Happy days.

    #1110134
    Alan Maddick
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    Welcome to our world!! Our government lacks the ability to delver IT projects that work, it does seem to us that the last few days the new site is working better so maybe have another try.

    #1110135
    tkc2012
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    Yikes! Well I’ve got good times to look forward to.

    #1110136
    AgentMail
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    Got a lovely email from ASIC over the weekend, regarding an online enquiry I made (because their phone number went through to a message that said we are receiving a high number of calls, please call back later, and then hangs up!!!!

    The email said that my enquiry will be answered in 5-10 business days.

    The entire process with ASIC right now is a farse! I don’t know whos fault it is, understaffed, technical issues etc. but bottom line, small business is suffering.

    #1110137
    kathiemt
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    Yep, I’ve fallen foul of their website too. Trying to register for an ASIC Connect account so I can apply to have my home address suppressed from their website (who gave them permission to do that anyway???). So, I set up an account but then have to apply for an ASIC key so I can make application to suppress my account. It asks for my business name and my company number. huh? I don’t have a company number but I do have an ABN or an RBN. Seems that neither are the right format. So I’ve had to locate a complaint form to fill out again – I did that a week ago and only heard from them tonight. Talk about a slow system. If any of us ran our businesses like that we wouldn’t be in business for very long.

    #1110138
    Rex
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    An update of sorts… or not…
    Well I’m glad that our interests as small businesses are in such capable hands…
    Over 3 weeks on & I’m still waiting for an answer from ASIC as to whether I can use my chosen business name.
    I recently sent them another enquiry & received this gem of a reply;

    Dear Adam,
    Thank you for your enquiry.
    I can confirm that there are no other currently registered entities with the name you requested.
    I have forwarded on your details to our business names team to investigate why this registration has not progressed. They will get back to you via email once the issue has been resolved.
    We will not take action against anyone trading under the (unregistered) business name during the period from when we received these applications until the processing is complete.

    So in other words… no one is using the name, we don’t know why our system says you can’t use it, we don’t know why we haven’t given you an answer but you can use the name & we won’t take any action against you but you may not actually be able to use it once we get our s**t together.
    Just amazing.
    Little wonder our economy is going to hell in a handbasket with departments like this asleep at the wheel…

    #1110139
    JacquiPryor
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    How frustrating.

    I know that the Victorian business names office used to have a glitch from time to time where it believed the name was already taken when you tried to register, but, was ‘thinking’ this based on the application you were processing at the time. I wonder if the ASIC system is experiencing a similar issue?

    Fingers crossed they get back to you soon!

    #1110140
    Rex
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    Well here we are over 6 weeks after I foolishly tried to register a new business name.
    Today I received another e-mail from ASIC.
    It told me that I need to submit a request for a review of their decision.
    I have already done this weeks ago through their webpage & by telephone.

    I’ve just now wasted yet another nearly 2 hours on their webpage, on-hold & finally writing an e-mail to the Minister for Small Business…
    I have burnt days of my time trying to do the simplest thing all because of their faulty system & impenetrable customer service system.

    What a total and utter farce.
    Well done ASIC… as if things aren’t hard enough already for small business in this country.

    #1110141
    kathiemt
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    So sorry you’re having these problems. I got a letter from Louise Asher late last week apologising for the mess and saying that ASIC was not supposed to be doing what they’re doing. She’s seeking a response from their CEO to find out what’s going on.

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