Home – New Forums Starting your journey Consumer Affairs Victoria Business Name Registration Challenge

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  • #966467
    The Profit Frog
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    Getting my new business ready in Victoria, and only a few minor tasks left to do (not counting the business plan… however, I have that in hand…)

    My problem is that in the process of setting up my business, I struck a name registration glitch.

    I searched on Consumer Affairs Victoria’s site, and entered my preferred business name into the data fields on the search page. This page I refer to is one that allows you to find out about an existing business, and unless I am mistaken – which I’ll wear – the site implies that if there is no business name result, the name is most likely not registered.

    Sounded too easy, so I also went to ASIC to see about existing company names in Australia that may be too similar or the same. All I found were 2 deregistered business names in different states. Those names were similar but not the same and, like I mentioned, they were deregistered.

    So, I also went online, and typed in exactly what my business name is called, and not one search result in any listing on the first 10 – yes, ten – pages.

    I have also checked the Yellow Pages and not one of the business names in Victoria is so similar to my preferred name that I could not choose to use it, and even those that are “similar” are not in the same industry.

    I’m writing this whole saga here for you because my problem is this:
    * I registered the domain name first (silly me…) and then went to the Consumer Affairs Victoria site to register my preferred business name and lo-and-behold, every single name I entered – including variations – came back as “Refer” meaning the name was “similar to existing”…

    This happened with every other name I entered too, in spite of not finding any evidence that the name existed anywhere.

    Does ANYONE (please!) have any knowledge of exactly where I must go to find all current existing registered business names in Victoria?

    Is there a service or government agency that has this information?

    Do I have to pay a fee to obtain this information?

    Or, do I have my business name manually assessed by CAV – as opposed to attempting to register the business name via the CAV website?

    – – –
    Any genuine actual information would be welcomed wholeheartedly, as I am feeling thwarted by bureaucracy already, before I even start…

    Talk about “killing enthusiasm”!!!

    Thank you.
    Terri

    #1018501
    spotty
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    Terri it has been my experience with Vic consumer affairs that even though the name doesn’t show up most times it is refered for manual checking. All of my business names were handled in that way but I was able to register each of them with no dramas, the waiting can be a killer though. I don’t think I know of anyone that has had it approved immediately :)

    #1018502
    BB
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    Hi Terri,

    Don’t be too despondent – the term ‘refer’ does not always mean that your preferred business name has been taken.

    I had a similar problem when I went to reserve my company name, but it wasn’t because there was another (even similar) it was because ASIC had a process that automatically decided that there was an ‘inappropriate’ word in my company name.

    The whole process was long to reserve and register my company – I had to submit an application, allow it to be refused, then proceed with an appeal. I had to do each step to first reserve the company name and then to register.

    I also had a domain name regisitered, as well as a couple of alternatives. So, don’t be dismayed – the word “refer” has different meanings when it comes to registering business/company names.

    cheers,

    B.B.

    #1018503
    Jake@EmroyPrint
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    When I was starting out I wanted to call my business “Emroy”. There wasn’t any businesses registered as Emroy in my state so I was a bit confused as to why it was rejected.

    There was a pty ltd company set up somewhere, like WA that was called Emroy.

    If it is a business they can have the same name state to state (Unless someone has registered their name in every state) but if it’s a company it’s Australia wide.

    When you were searching, did you search company names as well?

    #1018504
    Business Vic
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    • Total posts: 35
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    twohandsdancing, post: 21445 wrote:
    Getting my new business ready in Victoria, and only a few minor tasks left to do (not counting the business plan… however, I have that in hand…)

    My problem is that in the process of setting up my business, I struck a name registration glitch.

    I searched on Consumer Affairs Victoria’s site, and entered my preferred business name into the data fields on the search page. This page I refer to is one that allows you to find out about an existing business, and unless I am mistaken – which I’ll wear – the site implies that if there is no business name result, the name is most likely not registered.

    Sounded too easy, so I also went to ASIC to see about existing company names in Australia that may be too similar or the same. All I found were 2 deregistered business names in different states. Those names were similar but not the same and, like I mentioned, they were deregistered.

    So, I also went online, and typed in exactly what my business name is called, and not one search result in any listing on the first 10 – yes, ten – pages.

    I have also checked the Yellow Pages and not one of the business names in Victoria is so similar to my preferred name that I could not choose to use it, and even those that are “similar” are not in the same industry.

    I’m writing this whole saga here for you because my problem is this:
    * I registered the domain name first (silly me…) and then went to the Consumer Affairs Victoria site to register my preferred business name and lo-and-behold, every single name I entered – including variations – came back as “Refer” meaning the name was “similar to existing”…

    This happened with every other name I entered too, in spite of not finding any evidence that the name existed anywhere.

    Does ANYONE (please!) have any knowledge of exactly where I must go to find all current existing registered business names in Victoria?

    Is there a service or government agency that has this information?

    Do I have to pay a fee to obtain this information?

    Or, do I have my business name manually assessed by CAV – as opposed to attempting to register the business name via the CAV website?

    – – –
    Any genuine actual information would be welcomed wholeheartedly, as I am feeling thwarted by bureaucracy already, before I even start…

    Talk about “killing enthusiasm”!!!

    Thank you.
    Terri

    Hi Terri,

    Many of the restrictions placed on business names need to be assessed by a Consumer Affairs staff member as some decisions are too complex to be done online using an automated tool.

    If you submit your application at the Consumer Affairs Victoria office at 113 Exhibition Street, Melbourne your application may be processed on the same day as one of their officers can assess the application.

    Good luck with registering your business name. When you’re ready to start your business plan please visit our website for some handy templates. http://plansandchecklists.business.vic.gov.au/

    Kind regards,

    Business Victoria

    #1018505
    The Profit Frog
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    • Total posts: 113
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    Hi everyone,
    Thank you for your responses, even the one from Business Victoria!!

    While I don’t dispute that assessing and approving business names is “complex” for some business names, and thank you clarifying in regards to my post here, what I had a challenge with is that there appears to be no efficient and simple register where a person with intent to start a business can search for free to see all business names currently registered.

    Just that one step alone would save days of wasted time for me, doing what I thought was reasonable due diligence and researching for a business name that seemed not to be already registered.

    Anyways…
    I have had to go through the online process – logding feedback to CAV, receiving a response, printing out a pdf application form, completing it, scanning it and emailing back, and now going through the back and forth process.

    I had been seriously aiming to have all this process complete before the end of the year so that I could get on with the other important parts – branding/logo, printing, website revamp, and then the marketing.

    Still, in spite of the hold-ups, I am very excited to have proceeded through the business name registration process.

    I think once that small commitment is made, and the fact that it is such an important part of the big picture, there is a shift in mindset. It signals that I have faith and commitment regarding my business decision, and I’ve now begun to feel very much more confident about the new year ahead.

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