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  • #977143
    JacquiPryor
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    Hi All,

    Some of you may already be aware that from May this year it is expected that we will have a new national business name system underway (currently business names are registered only in the state of trade).

    ASIC will be in charge of business names from then onwards – instead of your state’s office of fair trading. And, they have today released a Regulatory Guide concerning business name registration to help understand why and how it will all work. You can read it here.

    The guide also explains what will happen to business names that are currently registered in a particular state when the national system launches.

    Hope some of you find it useful :)

    #1091945
    kattatecopywriter
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    Thanks for sharing this. It looks like it’s going to be cheaper (for new NSW businesses at least) to apply under the ASIC system than the current one. Just $30 per year or $70 for 3 years.

    It’s a good reason for me to wait until May…

    #1092126
    kattatecopywriter
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    • Total posts: 22
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    Thanks for sharing this. It looks like it’s going to be cheaper (for new NSW businesses at least) to apply under the ASIC system than the current one. Just $30 per year or $70 for 3 years.

    It’s a good reason for me to wait until May…

    #1092128
    JacquiPryor
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    It’s a good reason for me to wait until May…

    Hi Kat, if you are not planning to start trading until after 28 May, then yes it is a good reason to wait … it will certainly be less costly (regardless of state) to hold a business name registration once this new system is in place.

    I thought I would highlight a couple of things that are different under the new system:

    1. MUST include an ABN – I am fairly certain at the moment on the state registration system you don’t have to include an ABN.
    2. If you are carrying on business you MUST register – I am fairly certain that certain states (i.e. NSW) have a provision that if you are operating purely an online business you don’t have to register a business name. It seems that now you will.
    3. You will need to verify your details in the Business Names Register – if your business is already registered in a particular state or territory it will automatically transfer to the new system – but your details should be verified, otherwise you may not receive future renewal notices and the like
    4. Certain details will be publicly available – at the moment, there is limited information available on the public business name registers and extracts would usually be required to get any real detail about a business – the new register will display at least the place of business and correspondence address

    Whilst there is no mention in the regulatory guide that’s been published, there will be reference no doubt on application forms and similar that you need to be sure your chosen business name does not infringe a registered trademark. The application forms have always had a disclaimer about this – but, IMO, this will be even more important now with the business names allowing national trade instead of in a single state or territory. If someone else is in another state physically but has the same/similar business name, they could also have a registered trademark and your use/registration of the same business name could infringe those rights. I believe that ASIC will include links to trademark databases to help registrant’s conduct searches.

    #1091947
    JacquiPryor
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    • Total posts: 2,344
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    It’s a good reason for me to wait until May…

    Hi Kat, if you are not planning to start trading until after 28 May, then yes it is a good reason to wait … it will certainly be less costly (regardless of state) to hold a business name registration once this new system is in place.

    I thought I would highlight a couple of things that are different under the new system:

    1. MUST include an ABN – I am fairly certain at the moment on the state registration system you don’t have to include an ABN.
    2. If you are carrying on business you MUST register – I am fairly certain that certain states (i.e. NSW) have a provision that if you are operating purely an online business you don’t have to register a business name. It seems that now you will.
    3. You will need to verify your details in the Business Names Register – if your business is already registered in a particular state or territory it will automatically transfer to the new system – but your details should be verified, otherwise you may not receive future renewal notices and the like
    4. Certain details will be publicly available – at the moment, there is limited information available on the public business name registers and extracts would usually be required to get any real detail about a business – the new register will display at least the place of business and correspondence address

    Whilst there is no mention in the regulatory guide that’s been published, there will be reference no doubt on application forms and similar that you need to be sure your chosen business name does not infringe a registered trademark. The application forms have always had a disclaimer about this – but, IMO, this will be even more important now with the business names allowing national trade instead of in a single state or territory. If someone else is in another state physically but has the same/similar business name, they could also have a registered trademark and your use/registration of the same business name could infringe those rights. I believe that ASIC will include links to trademark databases to help registrant’s conduct searches.

    #1092130
    SalenaKnight
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    mine comes up for renewal in 2 weeks. Bit peeved that I have to pay $120 for 3 years, when I could pay $70 under the new system

    Not happy Jan

    #1091950
    SalenaKnight
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    • Total posts: 604
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    mine comes up for renewal in 2 weeks. Bit peeved that I have to pay $120 for 3 years, when I could pay $70 under the new system

    Not happy Jan

    #1091952
    kya
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    • Total posts: 19
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    I stumbled onto that topic earlier tonight on the business.gov website and thought it sounded in my opinion, like a really good idea. It seems to simplify the whole process (especially the cost) and should possibly take out some of the confusion for people wanting to start a new business. I am only new/starting out on my own business adventure and sometimes found the process confusing/complicated when in theory what I wanted to do was basic in principle.

    I guess the one thing that I thought about, was the fact that a business name will no longer be able to be registered in different state names, meaning the number of available business names will shrink by a considerable size. At least from a customers perspective it will also make it easier to identify who they are dealing with, even though double listings of names in the system might be a bit confusing haha.

    I kind of wish I could wait until May to register my business name, but my Pre-NEIS training ends in under a week and I want to be able to commence training as soon as I can.

    Maybe I am a little too geeky, but I think this is exciting. :D

    #1092132
    kya
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    • Total posts: 19
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    I stumbled onto that topic earlier tonight on the business.gov website and thought it sounded in my opinion, like a really good idea. It seems to simplify the whole process (especially the cost) and should possibly take out some of the confusion for people wanting to start a new business. I am only new/starting out on my own business adventure and sometimes found the process confusing/complicated when in theory what I wanted to do was basic in principle.

    I guess the one thing that I thought about, was the fact that a business name will no longer be able to be registered in different state names, meaning the number of available business names will shrink by a considerable size. At least from a customers perspective it will also make it easier to identify who they are dealing with, even though double listings of names in the system might be a bit confusing haha.

    I kind of wish I could wait until May to register my business name, but my Pre-NEIS training ends in under a week and I want to be able to commence training as soon as I can.

    Maybe I am a little too geeky, but I think this is exciting. :D

    #1092134
    SA-R32
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    • Total posts: 38
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    I haven’t registered my Business Name because of the state issue, but I have Trademarked it as I wanted to achieve National Protection.

    I’ve asked a few people and no-one has been able to definitively say if I need to register my business name.

    I know the Trademark only protects me in the “fields” of business I have selected, but as these are the fields I’ll be trading in that protection is all I need.

    • Should I register my Business name or not ?

    Thanks
    Paul

    #1091954
    SA-R32
    Member
    • Total posts: 38
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    I haven’t registered my Business Name because of the state issue, but I have Trademarked it as I wanted to achieve National Protection.

    I’ve asked a few people and no-one has been able to definitively say if I need to register my business name.

    I know the Trademark only protects me in the “fields” of business I have selected, but as these are the fields I’ll be trading in that protection is all I need.

    • Should I register my Business name or not ?

    Thanks
    Paul

    #1092135
    Kennethti
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    • Total posts: 415
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    SA-R32, post: 108843 wrote:
    I haven’t registered my Business Name because of the state issue, but I have Trademarked it as I wanted to achieve National Protection.

    I’ve asked a few people and no-one has been able to definitively say if I need to register my business name.

    I know the Trademark only protects me in the “fields” of business I have selected, but as these are the fields I’ll be trading in that protection is all I need.

    • Should I register my Business name or not ?

    Thanks
    Paul

    Hello Paul,

    You must register your business name if you are trading as some other name.

    For example if you are a sole trader but operating as “XYZ Designs” then you must register your business name.

    If you operate a Pty Limited for example “ABC Pty Limited” but are operating as “XYZ Designs” then you must register your business name.

    Keep in mind that a business name registration is different from a trade mark and its primary function is to allow the public to identify the entity trading behind the business name.

    #1091956
    Kennethti
    Member
    • Total posts: 415
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    SA-R32, post: 108843 wrote:
    I haven’t registered my Business Name because of the state issue, but I have Trademarked it as I wanted to achieve National Protection.

    I’ve asked a few people and no-one has been able to definitively say if I need to register my business name.

    I know the Trademark only protects me in the “fields” of business I have selected, but as these are the fields I’ll be trading in that protection is all I need.

    • Should I register my Business name or not ?

    Thanks
    Paul

    Hello Paul,

    You must register your business name if you are trading as some other name.

    For example if you are a sole trader but operating as “XYZ Designs” then you must register your business name.

    If you operate a Pty Limited for example “ABC Pty Limited” but are operating as “XYZ Designs” then you must register your business name.

    Keep in mind that a business name registration is different from a trade mark and its primary function is to allow the public to identify the entity trading behind the business name.

    #1092136
    SA-R32
    Member
    • Total posts: 38
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    Kennethti, post: 108852 wrote:
    Hello Paul,

    You must register your business name if you are trading as some other name.

    For example if you are a sole trader but operating as “XYZ Designs” then you must register your business name.

    If you operate a Pty Limited for example “ABC Pty Limited” but are operating as “XYZ Designs” then you must register your business name.

    Keep in mind that a business name registration is different from a trade mark and its primary function is to allow the public to identify the entity trading behind the business name.

    Thankyou, now I understand.

    #1091958
    SA-R32
    Member
    • Total posts: 38
    Up
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    ::
    Kennethti, post: 108852 wrote:
    Hello Paul,

    You must register your business name if you are trading as some other name.

    For example if you are a sole trader but operating as “XYZ Designs” then you must register your business name.

    If you operate a Pty Limited for example “ABC Pty Limited” but are operating as “XYZ Designs” then you must register your business name.

    Keep in mind that a business name registration is different from a trade mark and its primary function is to allow the public to identify the entity trading behind the business name.

    Thankyou, now I understand.

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