Legal Tip 211: Naming a Company

When naming a company make sure the name is available and not taken. Pay particular attention to very similar names. You can search at the ASIC website at Check name availability | ASIC - Australian Securities and Investments Commission

the next thing you should do with the prospective name is to make sure the name or part of the name is not trademarked. You can do this at the website of IP Australia at Searching trade marks | IP Australia


It might also be an idea to make sure the relevant website for the new company will be available. If someone has taken it, you could still register the company, but you may not be able to get the website unless the existing owner either sells it to you or lets it lapse.


And, before you pull the trigger at sign up for the name, make sure that you consider the effects the name can have in other areas such as taxation and finance. If you register XX Developments Pty Ltd and then buy, develop and sell and try to argue that you are doing this on capital account the ATO might be able to use the name against ‘you’. Also when borrowing for residential finance it would work against you too as lenders don’t like to lend to developers.


Also there are many words that cannot be used in a company name due to legal restrictions. ‘university’ is one word as is the word ‘trustee’ or ‘trust’. If you want to use trustee or trust you would need to apply for ministerial consent which has an application fee of about $1500. People often use ‘nomniee’ in company names

 

Good post Terry. Practical implications like website and trademark are often forgotten.

Also worth noting a company name can be changed after initial set up, but will still show on a company search as a former name. ACN will always remain the same

 

I just changed the name of one of my companies and it cost about $400!
Best to try to think of something good upfront and save some money if you can.

 

I believe you can't use offensive words as a company name.

A fella in the US uses the F word ( slightly misspelt) as a business name and has done so for many years. Authorities tried to stop him using it but he won the court case!

 

Fcuk Pty Ltd?

 

years ago I read of some legal case, cant rememebr what the outcome was of some multinational going after an individual for trademark infringement for their company name, the thing is the guys real name was being used,

so what happens if, there is a guy who's real name is Mr Cadbury, decides to decide his own confectional company and calls it "cadbury chocolates"

 

Ha ha. He should choose another name or be prepared to be sued

 

Hungry Jack’s would be Burger King as elsewhere in the world had not an Adelaide business already been using the name. Why is Burger King called Hungry Jacks in Australia? : NoStupidQuestions