Information about Disputes about Similar Business Names
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Often the concern is that two businesses
With similar names confuse customers
Or a business owner might think they have a legal right
To the exclusive use of a business name they have registered
There are rules that apply
When ASIC receives an application to register a business name
The rules intend to prevent registration of a name
That is identical or nearly identical
To a business name or company name that is already registered
We consider whether the proposed name is identical
Or nearly identical to a business name registered
Under the Business Names Act
Similar names can be registered
For example the names The Pretty Cupcake and
Pretty Cupcakes would be considered identical or nearly identical
The names Mike's Bikes and Mike's Bikes and Skates
Would be considered similar but not identical or nearly identical
You can find more examples and information
On the rules we used to determine business name availability on our website
The registration of a business name
Does not stop another person from registering a similar name
Does not give you the exclusive right to use the name
Or part of the name and will not prevent somebody
Using a registered trademark with the same name
If you think that a business with a similar name to your own
Is confusing to customers or infringing your right to the use of a name
There may be private legal options available to you
Here we recommend you seek legal advice
If you're unsure about how to access legal advice
Contact the Law Society in your state or territory
If you think that there is a risk to you
Because of the registration of a business name
You may be able to ask ASIC to review its decision
To register that business name
For more information, visit our website
An important point to note is that a business name registration
Is not the same as a trademark and does not provide protection
Against use by others like a trademark does
For more information on trademarks copyright and other intellectual property rights
Visit the IP Australia website
