Our Docs

Blog

  Share  

16. How to resolve disputes that can arise over the use of similar business names?


How to resolve disputes that can arise over the use of similar business names?

If businesses have a similar business name disputes can arise between the owners as this may confuse the customers or the business owners may think that they have an exclusive legal right to the use of the business name.

The business owners may need to find their own ways out of these disputes as ASIC may not always be able to help them in these circumstances.

There are rules preventing the registration of a business name that is identical or nearly identical to an already registered business name or company name. Since 28 May 2012 ASIC is responsible for the registration, management and administration of business names under the Business Names Registration ACT 2011.

If you register a business name it cannot stop someone else to register a similar business name in for example the following circumstances. If you register a business name it

  • does not give you the exclusive right to use the name or part of the name
  • does not stop another person from registering a similar name
  • will not prevent somebody who has registered it as a trademark using the name.


Hence if someone wants to register a business name that is similar to your already registered business name this can be done but the main point to look at here is whether the proposed name is identical or nearly identical to an already registered business name under the Business Names Act and the Names Determination.

If a business name that is registered is similar to your business name and is going to harm your business by confusing your customers or infringes your exclusive right to the use of your business name you can seek independent legal advice.

You can also ask ASIC to review their decision of registering a business name if it will cause a substantial harm or detriment to you.



Share