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  • #964699
    amasses
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    • Total posts: 9
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    Hey All,

    I’m trying get some advice on business and trading name registration. I am in the process of setting up a website to sell digital products which, for this case, is called ‘softwaremonkey.com’.

    Now, I have a business name currently registered, however I would like to trade as that name (e.g. SoftwareMonkey.com) – but I’m not sure if this name needs to be registered or not.

    Given that I have my main company (e.g. Joe Industries) is it possible to simply put something like ‘Joe Industries trading as SoftwareMonkey.com’ on the website, or does a registration need to be completed (either for a new business name, or a trading-as association).

    I am currently registered in the ACT.

    Thanks,

    Matthew

    #1007422
    Renee Barber
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    • Total posts: 360
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    Hi Matthew, you’ll probably find a lot more activity and answers forthcoming during the week.

    In any case, I didn’t stop to read your bio so I don’t know where you’re based, but in Victoria, the best place to start asking those questions is probably Consumer Affairs Victoria. Presumably the ACT would have something similar.

    If you’re pretty sure you want that domain, I’d nab it sooner rather than later to avoid someone else getting there first.

    Good luck!

    PS It looks like you (I hope anyway) might’ve already sorted out that domain.

    #1007423
    amasses
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    • Total posts: 9
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    Thanks for the pointer.

    I actually got the domains for the idea while it was just fresh, so that was all good (softwaremonkey.com isn’t actually the domain by the way ;) ).

    Now I just have to deal with the Office of something something in the ACT to get the info I need.

    Cheers.

    //M.

    #1007424
    Past-Member
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    First stop is http://www.abr.business.gov.au
    and then go to the registrar in your state/territory.

    eg John Smith trading as ABC Smith
    John Smith is already registered, but the trading name ABC Smith also has to be registered in order to trade using that name.

    You will require this registration if you intend to conduct a business under a name other than your personal name or a company name registered with the Australian Securities and Investments Commission (ASIC). Business names that contain a personal name with additional wording, such as & Co, Group, Motors, etc must also be registered. You will require this registration if you intend to conduct a business under a name other than your personal name or a company name registered with the Australian Securities and Investments Commission (ASIC). Business names that contain a personal name with additional wording, such as & Co, Group, Motors, etc must also be registered.

    #1007425
    amasses
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    • Total posts: 9
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    Thanks Karen,

    Right now it seems the ABR site is Kaput – they’re doing an update to it but they have broken their maintenance pages…. strange, I used to work for them in that team, I thought we were better then that :P

    //M.

    #1007426
    Past-Member
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    Sorry – I left out part of web address.
    It’s working for me.
    http://www.abr.business.gov.au

    #1007427
    Business Vic
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    • Total posts: 35
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    amasses, post: 6846 wrote:
    Hey All,

    I’m trying get some advice on business and trading name registration. I am in the process of setting up a website to sell digital products which, for this case, is called ‘softwaremonkey.com’.

    Now, I have a business name currently registered, however I would like to trade as that name (e.g. SoftwareMonkey.com) – but I’m not sure if this name needs to be registered or not.

    Given that I have my main company (e.g. Joe Industries) is it possible to simply put something like ‘Joe Industries trading as SoftwareMonkey.com’ on the website, or does a registration need to be completed (either for a new business name, or a trading-as association).

    I am currently registered in the ACT.

    Thanks,

    Matthew

    Hi Matthew,

    For information regarding conducting a business in the ACT and business name registration in your state please contact the ACT Office of Regulatory Services, Department of Justice and Community Safety on tel: (02) 6207 3000 or visit their website:

    http://www.ors.act.gov.au/BIL/WebPages/BusNames/businessnames.html

    Regards,

    Business Victoria
    13 22 15
    http://www.business.vic.gov.au

    #1007428
    TSH-SR
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    • Total posts: 45
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    Hi Mathew, in doing your registration of name etc, do not forget to be very thorough in checking registered trademarks for anything like yours, especially if it is very specific. I do not understand it fully but registering a business name does not mean you own the name, only a registerd trademark of the name and logo gives you ownership.
    I have had a couple of people close to infringing my trademark and they get upset when you tell them that their brilliant, witty, perfect name is not usable.

    Most of the government websites have pages on how to check and why you need to.

    Hope it all works well for you.

    Regards Tony

    #1007429
    ceejay77
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    • Total posts: 1
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    I was hoping for a more involved anser myself to this Question I have a allloy wheel poishing business almost ready to go but need to name and register as a business first.I am in Brisbane what gov office do I go to and how much is registratoon costs?..cheers

    #1007430
    Business Vic
    Member
    • Total posts: 35
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    ceejay77, post: 6943 wrote:
    I was hoping for a more involved anser myself to this Question I have a allloy wheel poishing business almost ready to go but need to name and register as a business first.I am in Brisbane what gov office do I go to and how much is registratoon costs?..cheers

    Hi Ceejay,

    Business names in Queensland are registered with the Office of Fair Trading. Please visit the following website for further information:

    http://www.fairtrading.qld.gov.au/register-business-name.htm

    Regards,

    Business Victoria
    13 22 15
    http://www.business.vic.gov.au

    #1007431
    stallence
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    • Total posts: 6
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    Hi All

    I just thought I would add the link for all of the states in case someone needs the information for a state other than ACT and QLD.

    http://www.business.gov.au/Business+Entry+Point/Business+Topics/Registration+and+licences/Register+your+business+or+company/Register+your+business+name+in+your+state+or+territory.htm

    #1007432
    amasses
    Member
    • Total posts: 9
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    Business Vic, post: 6934 wrote:
    Hi Matthew,

    For information regarding conducting a business in the ACT and business ….

    As Business Vic mentioned, the process for this is to register a new business name – in ACT it is with the Office of Regulatory Services – others would be with Fair Trading or otherwise.

    I have also spoken with the ATO regarding the association with my ABN, and they said that once I receive the business name registration from ORS that I will need to call them to have it associated. In this case, as I am a sole trader the ‘trading as’ part would be: Joe Smith (or, your name here), Trading as Joe Corp (or, your business name)

    Thanks for all the input.

    #1007433
    Jacquie
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    • Total posts: 9
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    Trademark confusion

    This probably could be a new thread (if only I could figure out how to make one on here.) Here is my little story about trying to Trademark my business. On the advice of various people I went on line and submitted an application for the name I’ve been trading under for 7 or so years. It was rejected on the basis of one of the words that a number of other businesses have trademarks for – and one has it listed for similar categories to mine. So off I go to a Trade Mark Attorney – who proceeded to scare the hell out of me. Because I have one word in my business name – that 336 other business names also include – it seems I am at risk of being sued for infringing their Trade Mark. And that I simply must either pay $2000 or more to him to prove prior use of the word or change my business name. Then I spoke with a friend who is very experienced in business – he laughed his head off. Why on earth would they pick my micro business to sue because I have this one word in my business name when there are 336 other business who also have it? Further, they can only sue me for my profits – which there aren’t much of because I pay myself a wage and you can’t sue for wages. Surely if they want to get money out of someone they’d choose one of the more lucrative businesses with that offending word in it, rather than wasting a load of money mounting a case against my little business. I figure the worst that is likely to happen is that I get a Cease and Desist letter. And are they really going to send them to all 336 of us? I think the Trade Mark guy is scaring the life out of me because he wants to make some money out of me. That’s what I think is really going on. Anyone have any thoughts about this?

    #1007434
    Rhys
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    • Total posts: 325
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    Jacquie,

    Various different issues around trademarks, business name registrations so this is quite complex, but I am not a lawyer so can’t advise you on that.

    One comment I did want to make, without wanting to scare you further relates to an action around this sort of thing from a few years ago, although without knowing the name of your business or the “one word” that is causing the problem hard to say how similar it is. Your post rang a bell in my mind about Absolut (as in Vodka) taking action against a Sydney company for something similar to this – a quick search on Google turned up this story.

    I don’t know the final outcome of this case – perhaps someone else does?

    To also put my comments in context my business name is the same as that of a software developer in the US. To date we have had no correspondence whatsoever but if the phone does ring one day I could have a problem. I lose sleep over many other things, but not this!

    I’m not a lawyer so all of the above is general only, good luck,

    Cheers, Rhys

    #1007435
    Jacquie
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    • Total posts: 9
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    Thanks Rhys!
    Very interesting article. I wouldn’t be able to defend my business as they are doing and would have to desist from trading under current business name if I received a complaint. The offending word is ‘Ripple’ by the way. One thing I am looking at doing is at least to protect my house – by becoming a Company with a Family Trust set up instead of being a Sole Trader. This will at least give some protection to my asset should anyone ever be bothered trying to sue me. With the International laws as they are I find it hard to imagine how anyone could find a business name that doesn’t tread on shaky ground!

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