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  • #983147
    HappyHearts
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    Hi!
    I think I have thought of a business name for my small home business for baby decor, but I went to check its availability on the ASIC website and it says its already taken but in qld. I’m in Vic, can I still use it? How do I know if its copyright or not?? Are there exceptions for same names in different states??!
    Thanks :)

    #1140840
    JacquiPryor
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    Hi Happyhearts,

    Since May last year all business names are national. So, if the identical name is already registered – even in another state to you – you won’t be able to register the business name. (Prior to last year you could have the same name in different states).

    Sometimes you can make small changes and register that way – for example “name Victoria”. This would be up to ASIC to review and advise if approved or not.

    Names like this don’t fall under copyright. They would fall under trademarks, so you should also check to see if the other people have registered the name as a trademark. If they have, then simply adding “Victoria” to your business name – if you are in the same sort of industry – would not be enough to avoid infringement. You can conduct searches via http://www.ipaustralia.gov.au of the trademarks database.

    I hope this helps.

    #1140841
    TheGoldenGoose
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    Welcome!

    As Jacqui has mentioned above, the system has changed so states don’t make a whole lot of difference anymore.

    I would also have her organise some trademark searches for you so you are assured of its availability before investing heavily into the name itself.

    Best of luck! :)

    #1140842
    HappyHearts
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    Thanks for the feedback! Lots of help! Looks like I’m back to the drawing board….:/

    #1140843
    TheGoldenGoose
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    HappyHearts, post: 160905 wrote:
    Thanks for the feedback! Lots of help! Looks like I’m back to the drawing board….:/

    I’ve written an ebook that will help you with naming. It is being released to a chosen few for reviewing in the next few weeks. If you’re interested email [email protected].

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