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  • #987575
    kell_starz
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    Hi All,
    I’m in the process of starting up a new venture that is very exciting and I require a bit of advice.
    The trading name I want to use is available and available as a trademark also but the business name has been taken.
    Is this going to be a problem?
    ASIC has them registered as a company and to top it off – they are in my region!

    They are in the accommodation business and mine is a bar/lounge venture.
    Before I go down another long path I need to know if I’ve hit a road block.

    Appreciate any and all advice/opinions offered.

    Cheers,

    Kellie

    #1163405
    affgar
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    Trading name & business name are usually the same?
    ie … Joe’s Plumbing is a business name that Joe’s Plumbing uses to trade under. Attached to the one ABN number. He would have registered the Australian business name Joe’s Plumbing.

    Trademarks are unnecessary in most situations. If you don’t have a specific reason why you are looking at trademark … then probably don’t bother.

    If someone has registered the name you want to use…. then you can’t use it.

    #1163406
    kell_starz
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    • Total posts: 3
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    Thanks for that advice. It’s exactly what I was thinking BUT….
    Their company name is XXXXX but they trade as OOOO. And it’s not XXXXX trading as OOOO. They have different businesses tarding under the company name.
    Does that make a difference? Dilemmas.

    Cheers,

    Kellie

    #1163407
    John Templeton
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    I’m not 100% sure but I think you can have an unlimited number of registered business names under your company name. I know of several companies who do this to get their fingers in a few pies. eg company name is abc, and they have registered business names def, ghi, jkl, etc all trading in different fields but all under the same company umbrella. Unfortunately that looks to be the case here for you, and if they’ve got the business name registered, you can’t use it. I may be on the wrong track here so you really should speak to your solicitor, or even give ASIC a call and ask for clarification.

    #1163408
    MissSassy
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    My advice is to move on from the name you are looking at, you don’t want any confusion down the track for your customers.

    Time for some brainstorming about a new name!

    #1163409
    kell_starz
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    • Total posts: 3
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    Thanks John and Kelly.
    I was hoping for a loop hole but I guess you’re right. Time to move on and think of another amazing name.

    Cheers,
    Kellie

    #1163410
    JacquiPryor
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    If someone has registered the same name as a business name or a company, this would likely prevent you from registering the name, which you must legally do to trade. So, it does sound like a bit of a hurdle – even if they are trading under various aliases.

    Trading names are being ‘phased’ out. Current ASIC laws dictate that if you are trading under any name other than your own, then it must be at least registered as a business name.

    Trademarks are judged on whether there is likelihood you will be confused with an earlier trademark. This takes into account whether the names are the same – or similar – and also the industry type.

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