That there is already a company or business with such name that has been registered does not necessarily mean it is no longer available. Look at the ‘Status’ column to see if it says “Registered” or “Deregistered”. The name could also be available for reservation if the company or business is deregistered.
You can also search the ABN Lookup to check if an existing enterprise has already named itself after what you have thought about. You can enter the name you want to use on their website in the search bar. This will result in a list of businesses, companies and other organizations using your searched name.
Lastly, search IP Australia to see if anyone has a registered trademark with the name you plan to use. A trademark is a particular type of IP protection given to the owner, allowing them the exclusive right to use a name or logo.
There is no need to book the name if there is a registered trademark over it even though another business or a company has not taken that name you intend to use. Also, if the other person or business works in a similar industry from you, do not spend time to researve the name. Even though ASIC will reserve the name and you could actually incorporate the company with that title, in case some day they discover it , the trademark owner has a legal right to demand from you to cease using that name.
You can go to the IP Australia website and key in your desired name in their search bar. If you have already registered a trademark on the name that you desire and operate in the same field as your company, then reservation of this company name would not be advisable.
Trademark rights cover terminologies that are misleadingly similar – not only alike. If you want to use a name that is registered as a trademark, you cannot avoid this by altering just one letter.
Assuming that the name you want to use is available, you can make an application to ASIC to reserve the company’s name. The process will vary depending on whether you are reserving a name for a new company or an old one.
You could be in the process of reserving a company name for a company that does not come into existence as yet. In this instance, download a Form 410 and fill in the details. In section 3, ‘Purpose of reservation’, tick the following:
In addition, print a physical copy of the filled form and sign it by hand along with the date in the ‘Signature’ field on page 3. You should then mail the original, signed copy of the form to ASIC at:
Now, let’s say that you are registering a company name for an existing company whose name you wish to change. Either you can follow the same process described above for new companies but select ‘Change of name’ in section 3 instead of ‘New registration’.
Changing your company’s name may seem like the most natural thing in the world when growing your business. It is, however, not an easy process. This article will help you navigate through the main steps of renaming your company.
When thinking about changing a corporate name in Australia one should follow the rules and regulations provided by the ASIC. To begin the process you must pick an entirely new name that is not already taken and does not use restricted words or imply a deceptive link or criminal conduct. To avoid conflicts with existing names or trademarks, searching ASIC’s registers and visiting IP Australia is recommended.
After choosing an appropriate name, one then proceeds to get the company’s members together in a meeting and passes a special resolution. First of all, unlisted companies need to issue at least 21 days’ notice prior to the meeting while listed ones – at least 28 days’ notice. So, a special resolution of the company needs at least 75% of votes cast in favor.
Once the special resolution is passed, you must to fill in Form 205 Notification of a resolution – attach a copy of an adopted special resolution and pay the required fee. It is important to file the form within 14 days after the resolution has been passed in order not to have late fees applied.
ASIC will review your application and either accept or reject the name change. If accepted, you will receive a certificate of registration through your online services inbox or by mail.
Your application will be reviewed by ASIC, either approve or reject the name change. If approved, you will be notified through your online services inbox or by mail with a certificate of registration.
Inform all stakeholders, like employees, clients, suppliers and relevant government bodies regarding the name change. Make sure company documents including contracts, agreements and marketing materials reflect the new name.
Update the company’s website, social media profiles and online directories to reflect the new name. Change marketing materials, such as business cards, brochures, signage and advertisements to suit the new name.
Pay attention to the market for possible infringements or illegal use of the new name. It is advisable to register for trademark so that the new name is protected and no one else can use it without permission.
Hong Kong Work VisaMarket Positioning: By choosing a name that is deliberately crafted and appeals to your company’s values, vision, and target audience you are in a position to strategically position yourself amongst the competition which enhances your market presence.
Increased Customer Appeal: Captivate potential customers and spark curiosity by using a vivid, engaging name that inspires engagement, boosts brand recognition levels, and urges them to spend money at your business.
Competitive Advantage: Being a unique name that represents innovation, credibility and a strong association helps stand out in the sea of competitors by crafting an identifiable personality that conveys all this and more.
Adjusting to changes in business evolution: Understand change as your business grows and develops. A name change is a sign of improvement so that to align your brand with the new direction, increased range and leading edge solutions you are about to offer meaning growth for your valuable customers.
Comply with the law and protect your intellectual property: A well-thought-out company name change will help safeguard your business from legal entanglements and trademark conflicts. By being proactive and navigating through the regulatory landscape, you reduce risks and strengthen your intellectual property rights, thereby laying a solid foundation for sustainable success in the future.
It is not a difficult task to set yourself up as a sole trader and it usually does not even cost you anything except in case you use third party. To become a sole trader you will need to take the first step, which is registering for an Australian Business Number (ABN) that is a unique 11 digit number issued to all entities registered in the Australian Business Register.
When you get an ABN, then you can use the ABN to start doing business or freelance jobs. A registered ABN however doesn’t prevent you from working as an employee (PAYG) or a contractor if you wish to do so or operate under a trading name. Being a sole trader registered with an ABN number you will only have to complete one tax return that is more or less like the PAYG employee. When you are comparing between the choice of registering as an ABN sole trader and setting up a company (ACN), it can be helpful to read How To Start A Business In 11 Steps (2024 Guide).
When you get an ABN, then you can use the ABN to start doing business or freelance jobs. A registered ABN however doesn’t prevent you from working as an employee (PAYG) or a contractor if you wish to do so or operate under a trading name. Being a sole trader registered with an ABN number you will only have to complete one tax return that is more or less like the PAYG employee. When you are comparing between the choice of registering as an ABN sole trader and setting up a company (ACN), it can be helpful to read How To Start A Business In 11 Steps (2024 Guide).
If you are an individual trader who earns more than $75,000 in self employment each year then it is compulsory for you to have both the ABN and also to be registered under GST . However, even if you earn less than $75,000 a year it is worthwhile to apply for an ABN as well.