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Domain Names
Company Names
Trading Names (Trade Marks)
Business Affairs is often contacted regarding registration of domain names.
Domain names are site addresses on the internet. Domain names will generally commence WWW. eg www.bob'strucking.com.au
auDA administers domain names in Australia.
Before registering your domain name, a search of business name, company name, and trade mark databases is suggested to reduce the opportunity for infringement.
Business Affairs is often contacted regarding registration of company (Corporation) names.
A company's name will generally end in Pty Ltd or similar eg Bob's Trucking Pty Ltd.
Company details are registered with the Australian Securities and Investments Commission (ASIC). However, if a company wishes to trade using a name other than its registered company name, it must register that trading name as a business name.
The purpose of registering a business name is to provide a public register from which the identity of persons who conduct businesses under names other than their own names may be established.
It is not for the purpose of protecting names or conferring rights to use names. Generally the right to use a name - whether it be a business, product or service name - is established by adoption of that name prior to any other person using that name.
Business, company and domain names are best protected when they are also registered as trade marks. If your new business name is identical to another person's registered trade mark, you could be sued for infringement.
In determining whether a business name is available for registration a search is not made of the trademarks register. Inquiries relating to trade marks should be directed to IP Australia.
For further advice on how to protect your trading name please consult a private legal advisor.