There has been a delay to the commencement of the new National Business Name Registration System. Originally, as indicated below, it was expected that the new system would commence "mid-2011". However, it is now expected that the new system will commence in the first half of 2012. Some further delay may occur depending how long each state takes to pass legislation etc. We will post further updates as they become available.
NEW NATIONAL BUSINESS NAME REGISTRATION SYSTEM AND AUSTRALIAN TRADEMARKS
Commencing April 2011 Australia will start a new ‘National Business Name Registration’ system. For the following four years additional incentives will be unfolded. This system will replace the current ‘state by state’ business name registration system. Currently, business names are registered with the Office of Fair Trading in the state or states that the business trades in. From next year, there will be a single registration system for new businesses, and existing businesses will be migrated into the new system. If the same person or company currently carries on business in multiple states, these will be merged into a single registration and in the event the same business name is registered to different persons in different states these registrations will be identified by the inclusion of identifiers at the end of the name – eg: (SA), (VIC), (NSW) etc.
Some of the objectives intended to be delivered through this new system are as follows:
Easy online registration for ABN’s and national business names.
Advanced online systems that will allow for capture of common date and pre-filling of forms.
Reduced administrative work for entities carrying on business in various states & territories.
Improved awareness about the differences between business names and trademarks.
Links to trademark searching.
From April 2011 when the project commences it will be more important than ever before for businesses, large and small, to ensure their trademarks are protected. Complete IP is very pleased to see that the initiative will involve the improving of awareness, amongst business registrants, between the differences between business names and trademarks however, it is important to recognise because of these differences, registration of a trademark won’t necessarily be as simple as the national registration of business names. Registering the business name under the new system does not automatically provide you with a trademark registration, nor does it guarantee that you will be able to register your business name as a trademark.
Conducting proper trademark availability and infringement searches takes time and experience. Simply searching to see if your ‘exact’ name is a registered trademark already does not mean that it is in fact available, or registrable. Ensuring an identical trademark is not registered is a fantastic first step, but business owners should consider further searches before commencing use of their chosen business name to ensure they will not be infringing another’s registered rights.
How can Complete IP assist?
We can conduct free trademark searches on identical and near identical trademarks before the national business names registration system commences. Click here to get started.
We can conduct thorough searches to ensure the name you have chosen is available and is in fact a ‘trademark’ that can be registered. The thorough search will also consider whether other persons may be using the same trademark under common law and without registered rights. Click here to email our office and obtain the search authority form.
We offer free trademark consultation and are happy to answer any questions you may have, or clarify any information you are unsure of. Simply call us on 1300 365 715 or email us.
