ASIC register – name not available – advice please

[ontherunway]

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Hi

I registered as a sole trader under my name. I have a name that I wish to trade under, and I checked that it wasn’t trademarked in Australia, and to my relief, it wasn’t.

I then read that eventhough I have an ABN as a Sole Trader, I need to register the name I wish to trade under with ASIC. Correct?

Problem is there are similar names registered (in very different business categories), and the ASIC name search is returning either ‘not available’ or ‘similar to another name’.

So I am free to register a trademark but I can’t trade under the trademark?

Is that really correct?

If so, I am trying to think of creative options e.g. lets say (making this up) I want to call my business ‘Bev’s Boutique’ and that name is taken (on ASIC) , but ASIC will let me have ‘Bev’s Boutique for plus sizes’ as a name, then perhaps I could still trademark a logo that really looks like ‘Bev’s Boutique but has ‘for plus sizes’ in a much smaller, less noticeable font’.

Feasible?

Any advice appreciated.

Regards
Bev

[Base Legal]

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Hi Bev

The Business Names Legislation is silent on this issue of logos. It is an offence to not have your full business name ‘clearly legible’ in specific documents, including forms lodged with ASIC, invoices, receipts, orders, cheques and quotes – basically financial documents.

It is also an offence to not have your full business name displayed in premises that are open to the public.

I would suggest so that as long as you have a reference to your full business name on all accounting type documents, and somewhere in your store (if you have a store) you will be fine if it is not included in the logo.

For example, what I do, is have my logo on the top of my letterhead / invoices and in smaller font elsewhere in the document I have my name t/a full business name and ABN.

I hope this helps.

Regards
Fiona

[Author]

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