Can You Register A Business Name That Already Exists

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Business name availability tests

When checking if a business name is available to register, we employ a series of automatic tests to assist united states in assessing that the name:

is non identical or nearly identical to a name that is already registered to someone else
is not undesirable for registration, and
does not include whatsoever restricted words or expressions.

The automated tests are applied in accord with the rules set out in the Business organization Names Registration Act 2011 and the Business Names Registration (Availability of Names) Determination 2015 (the Names Determination).

An explanation of these tests is provided below.

It'south important to note that fifty-fifty though a name might exist available to annals, information technology does not give you exclusive rights to the utilise of that name. It is the responsibility of business owners to make certain their name does not infringe on any existing names or Trade Marks. Yous should ever bank check your proposed business proper noun for whatever existing trade marks with IP Australia.

For more data, visit How to protect your business name.

Invalid characters

Concern names can only comprise certain characters. A full list of accepted characters is outlined below.

Examples of unacceptable characters include umlauts (ä) and some special characters (like the 'greater than' > symbol).

Valid Character Prepare

Grapheme	Character	Graphic symbol	Character
infinite	viii	Q	50
!	9	R	thou
"	:	Due south	n
#	;	T	o
$	=	U	p
%	?	V	q
&	@	Due west	r
'	A	10	due south
(	B	Y	t
)	C	Z	u
*	D	\	v
,	Eastward	_	westward
-	F	a	x
.	G	b	y
/	H	c	z
0	I	d	{
one	J	e	\|
2	Thousand	f	}
three	L	1000
four	M	h
v	Northward	i
6	O	j
7	P	chiliad

Unknown words

A concern proper noun that contains a word that is unknown to our systems may queue for a transmission assessment. This may include words that are fabricated up, words that have an unusual spelling, or words that are compounded.

By manually assessing these words, we tin can make sure that the word isn't restricted and that the proper noun is non otherwise undesirable for registration.

Undesirable words or expressions

Your proposed business name will exist checked to make sure that it:

is not likely to be offensive to members of the public or members of a section of the public, and
does not suggest a connection with a prescribed entity or torso where no such connection exists.

For case, the name 'Department of Finance Money Exchange' may propose a connection with the Commonwealth Department of Finance and will be refused if the applicant does not accept a valid connection with that Government department.

For more than information about the kind of names that are undesirable, see 'Undesirable names'.

Restricted words or expressions

Your proposed business name will exist checked for whatsoever restricted words or expressions.

Sure words and expressions are restricted from utilize in business names to prevent their improper use from misleading members of the public. A restricted word or expression cannot be used in a business name unless you take written consent from the relevant Minister or public authority.

Abbreviations of restricted words and expressions, or words and expressions that have the aforementioned or a similar significant, are as well restricted.

Some examples of restricted words are 'Charity', 'Incorporated', Co-operative', 'Bank' and 'Academy'.

For more data, run across 'Restricted words and expressions'.

Identical or almost identical names

We will check if your proposed concern name is identical or virtually identical to any other names.

Your proposed business name cannot be registered if it's identical or well-nigh identical to any of the following:

a business name that is already registered to someone else;
a proper name that is reserved or registered under the Corporations Act 2001 for another body, such as a company or registrable trunk name;
a name that is registered on a notified State or Territory register. Notified registers include registers of co-operative societies, incorporated associations and/or limited partnerships;
whatever notified names of Democracy, State or Territory government bodies;
whatsoever names that are held for review. For instance, when a business proper name is cancelled information technology will exist held for a review period of four months, or six months if the cancellation was initiated past ASIC;
whatsoever names that are pending and for which someone else has priority. For example, a business name may be pending because an awarding is waiting on payment or confirmation of an Australian Business organisation Number; or
whatever concern name that is held for transfer. If you are the new holder of the business name, visit Transfer your business name to learn how to register the business name with your details.

It should be noted that there are separate rules for comparing a business proper name with company names and separate rules for comparing business names with business names.

The Names Determination prescribes specific rules that we are required to use when comparing a business concern proper name with other names to determine if they are identical or about identical, and our Business Proper noun Availability tests are applied appropriately.

Rules for comparison business organization names with visitor names

When comparing a business concern proper name with a visitor proper name, the rules set out in Office one of Schedule 6 of the Corporations Regulations 2001 apply.

Under these rules, a business name is identical or nearly identical to a company name if the names are the same after the following matters are disregarded:

the use of the definite (the) or indefinite (a, an) commodity as the offset word in ane or both names;
the use of the words "Proprietary", "Pty", "Limited", "Ltd", "No Liability" or "NL";
whether a word is plural or singular in ane or both names;
the type, size and case of letters, the size of any numbers or other characters, and any accents, spaces and punctuation marks used in the names; and
when comparing a proposed business name to a company name, where one name includes a discussion or expression in the second column in the post-obit table and the other name contains an alternative for that word or expression listed in the third column:

Detail	The word or expression...	is considered the aforementioned equally the culling discussion or expression...
1	Australian	Aust
two	Company	Co or Coy
3	Co	Company or Coy
4	Coy	Company or Co
5	Number	No
half dozen	and	&
seven	Incorporated	Inc
8	Corporation	Corp
ix	Australian Company Number	ACN

Case study: Name availability - The Australian Wellness Spa

Sam wants to register a new business name 'The Australian Health Spa'. Withal, at that place's already an existing visitor named 'AUST Health Spa Pty Ltd'.

Every bit explained above, the definite article 'The' in the business organisation proper noun and the words 'Pty' and 'Ltd' in the visitor name are overlooked. The employ of capitals is also overlooked. Finally, the give-and-take 'Australian' in the business proper noun is considered to exist the same as the equivalent discussion 'Aust', as per item one in the table above.

Once these matters are disregarded, this leaves "aust health spa" in the proposed business organization name and "aust health spa" in the company name. Based on this, the names are considered identical and Sam would non be able to register 'The Australian Health Spa' as a business proper name.

Rules for comparing business names with other names

The Names Determination sets out the rules we are required to apply when determining if a business proper name is identical or most identical to another name.

These rules provide matters that are to be overlooked and matters that are to be considered when comparing business names with other names (other than company names).

Matters that are disregarded

The table below explains the matters that we are required to disregard when comparing a business organization name with another proper name (other than a visitor proper name):

Matters that are disregarded	Examples
The use of the definite (the) or indefinite (a, an) article, unless information technology is the whole name	"A bird in the hand" is the same as "Bird in hand"
The utilize of the words: association co-operative incorporated limited or Ltd no liability or NL proprietary or Pty	"Business Growth Association" is the same as "Business organisation Growth"
Whether a word is singular or plural. The singular and plural forms of a discussion are considered the same.	'Child' and 'Children' 'Car' and 'Cars' 'Battery' and 'Batteries'
The size of characters, the type and case of messages, any accents, and spaces between characters and punctuation marks	"Australian Holiday Apartments" is the aforementioned as "australianholidayapartments"
The gild of words in the names	"Green House" is the same equally "House Greenish"
Host names such as 'www' and domain extensions such as 'net', 'org' or 'com'	"world wide web.myfirstbusiness.com.au" is the aforementioned equally "My First Concern" or "myfirstbusiness.org"

Case report: Name availability – Chef's Kitchen

Rob wants to register the business name 'Chefs' Kitchens'. However, there'southward an existing business name on the annals named 'Kitchen Chef'.

Based on the rules set up out in the Names Determination, any capitals or punctuation are disregarded. The plural forms 'chefs' and 'kitchens' are too disregarded. This leaves 'chef kitchen' in one name and 'kitchen chef' in the other proper noun.

The guild of words in the names is besides to exist disregarded and; therefore, 'chef kitchen' and 'kitchen chef' are identical. Rob would not be able to register 'Chef'south Kitchens' because of the existing business name.

Matters to be considered - words and expressions taken to be the aforementioned

When comparing a business name with another name, sure words and expressions are taken to be the aforementioned equally other words or expressions.

The Names Determination includes a schedule that lists items, or groups, of words and expressions that are taken to exist the same every bit each other word or expression in that item.

The list of items in schedule i is exhaustive, significant that it only applies to the words or expressions that announced in that list. Some examples of those items are:

Item	Words and expressions
111	bakehouse, bakery, bakers
120	carpenters, carpentry, carpentry services, carpentry solution
156	pizza, pizza bar, pizzeria
171	&, and
198	mechanic, mechanical, mechanical repairs, mechanical services, mechanics

This means that when comparing business names, a name such equally 'Fresh Bread Bakehouse' is considered identical or well-nigh identical to 'Fresh Bread Bakery' because 'bakehouse' and 'bakery' announced in the aforementioned particular.

Likewise, 'Mike's Pizza' is identical or most identical to 'Mike'south Pizza Bar'. However, it would non be identical to 'Mike'south Pizza and Pasta Bar' because 'Pizza and Pasta Bar' is not listed in the aforementioned item as 'Pizza Bar'.

For the total list of words and expressions that are taken to be the same, see Schedule 1 of the Business Names Registration (Availability of Names) Determination 2015 .

Matters to exist considered - pronunciation

Your proposed concern name will be checked to encounter if it can be pronounced the same as another name on the annals. This is done using the literal transcription of the proposed business proper noun and the names against which it is existence compared.

For example, the post-obit names may be pronounced the same and are considered to be identical or near identical:

'Creative@Work' is the same as 'Kre8tive at Work'
'100% Cats' is the aforementioned as '100 percent Kats'
'Dollar Store' is the same as '$ shop'
'Hare of the Canis familiaris' is the same as 'Hair of the Dog'
'Colour in' is the same as 'Colour Inn'
'Katz Hair Dressing' is the same as 'Kat'due south Hair Dressing'