Business name - register? trademark? both?

Learned friends,

I operate my 'business' as an individual providing a service, with an ABN attached to my name.

I wish to associate a company name with my service, at this stage for no other purpose other than web address/letterhead/business card logo, but a possible expansion later.

The business name is at risk of being taken by competitors, and i wish to reserve it.

So whats the minimum I need to do? Do I simply trade mark the name/logo?

I'm not business minded and have no idea. This is all new to me.

 

Search on here https://connectonline.asic.gov.au/R...4&_afrWindowMode=0&_adf.ctrl-state=lbncevov_4

Use the drop down box check name availability. Search for your name. If its available setup a company with that name (accountant or lawyer to help if needed). Its automatic in a way, they won't let others choose your name.

 

Thanks DT.

This was a scary moment, all of a sudden, a search brought up loads of results, whereas a previous ATMOSS search only brought up a few. All good.

I presume, QLD would not be able to be replaced with Queensland and vice versa.

 

I would also secure relevant .com, .com.au domain names where possible ( and any others you see fit ). Have all the secondary ones redirect to your preferred domain.

This will reduce the risk of someone stealing your business identify and web traffic with a similarly-named business. This happened to my ex recently. Someone started trading on her small business profile.

 

Hey wombat, I've done this. I have about 6 domains now, with .com and .com.au all redirected.

Unfortunately I can't work out how to get any of them up there with SEOs etc.

Is registering a business name something i can just get my accountant to do without any input from me?

 

Yes, most likely Bran.

But, why do you operate from your own name as opposed to trust or company anyways?

 

To be honest, I don't know.

Last time I asked my accountant, he said it was something along the line of me providing a service as an individual, and receiving payment directly for such, and thus difficult to route through any other entity. Does that make sense?

 

It's over 5 years since I have needed to develop/configure/maintain any sites.

I'm sure there are other nerds here that are less rusty that can help.

 

Atmoss is the trademark register. Different to a business name search on ASIC.

Before you register a name you should check IP Australia to see if there is a trademark
http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/search-for-a-trade-mark/
(atmoss)

Then you should see if the company or business name is available on ASIC. You can reserve a name. But just having the company name doesn't necessarily stop anyone using the name for other things so you may want to consider trademarking it.

Also search to see if the domains are available too.

 

Trademarking is relatively straight-forward. Just watch out for the scammers that send out inflated renewal invoices.

I registered a trademark 10 years ago, which I haven't used for years. Thankfully it has expired now so hopefully the scam renewal letters will soon stop ( although that may cause them to up their ante ).

 

Have you researched the pros and cons of operating your business as a sole trader vs company? I certainly wouldn't recommend being a sole trader.

What is it that your business does?

 

Do you have friends or colleagues in the same field that you could team up with? Sounds like you're in the medical industry.

There are substantial benefits from moving to a sole trader model to operating as a trust with company as trustee. The tax you could save is enormous. Better in your pocket than in the government coffers to fleet away!

 

Not that simple for doctors - alienation of personal services income rules often mean they will be taxed individually regardless of the structure they operate through. But this doesn't mean it is not a good idea to use a company or trust to operate through as there are other benefits.

 

Sorry to revive an old thread, figured it would be better then starting a new topic

RE: Trademark

If someone has registered a business name "Somename" Pty Ltd and hasn't trademarked "Somename"

Could i then come in and trademark the name, then send a Cease-and-Desist letter to the registered directors?

Would i then be able to register the name via ASIC?

Would the situation change at all if the company wasn't trading and was only used as an investment vehicle?

 

You could only register a company or a business name if it is not already registered, so you would need to convince them to change their name first

 

Not usually. A company name allows use of the SAME name (ie with Pty Ltd added for a private company). So a Company has the name "Somename Pty Ltd. That said they wouldnt have been able to register a company if you were using a registered business name of Somename.

ASIC wont allow you to register Somename since the Pty Ltd name deals with that. It is considered too similar or identical to be registered UNLESS one of the Directors in the company also has the reg business name. eg I could register ABC Paperwork and later form ABC Paperwork Pty Ltd if I was a Director.

ASIC dont care for reasons. Thats a civil legal matter. You could register a business name using a SIMILAR name ie Somename Investment...However it makes no sense. You dont invest using a business name. It is something a trading entity will consider for branding, marketing or product use.

A trademark is another matter altogether !! IP Australia website has further information. A legal owner of a trademark item may register the trademark. It may be a logo, design or other form of intellectual property ie the form of a visual appearance, even a colour in combination. But you cant register something as a trademark to frustrate another person. Or to limit them of charge them for its use. And dont confuse a business name and trademark. A business name can also be trademarked. Try registering a softdrink called Coke. Or a airline (or anything else) with the word Virgin in the name. So while ASIC may allow you to register a Fish & Chip shop called Virgin Fish & Chips you will face legal issues

 

Trade mark law in Australia is first to use, not first to file. So they could potentially have common law rights to the trade mark.
Why the cease and desist? That would likely go nowhere if you've never used the mark and want to scare them into de registering their name.

If you're in different industries you could potentially get the trade mark and coexist. You don't have to own the company name to have the TM registered if they are in a totally different field and there'd be no instances of confusion between them.