Someone registered a business name like mine: what ASIC's registers show

ASIC's rules for acceptable business names say a name can't be registered if it's identical or nearly identical to a business or company name already registered. In comparing names, ASIC ignores whether a word is singular or plural, the words "the" and "a", capital letters, accents, spaces and punctuation. Compared with a company name, it also ignores words like "Company", "Co", "Pty" and "Ltd".

That check is about ASIC's own registers. ASIC says registering a name doesn't stop other people using similar words in their business name. IP Australia's plain-English breakdown of names and trade marks adds that ASIC can't tell you whether a name is too similar to another one.

ASIC's business names register shows, for free, the name of the holder (a person or an organisation), the ABN of the business, the date the name was registered, the next renewal date and whether the registration is current, along with addresses for the business and for service of documents. Our guide on searching business and company names has more on each register.

ASIC's page on asking for a review of a decision about a business name registration says the registration of a business name is one of the decisions it can review. It says those who can ask include a person or entity that may be negatively affected by a business name being registered.

**The time limit.** ASIC says an application for a review by someone negatively affected by a decision to register a business name has to be lodged within 15 months after the day the business name was registered. Most other review applications must be lodged within 28 days after the person was notified of the decision.

**How it's lodged.** ASIC says a request is lodged on ASIC Connect, choosing "Business name" and then "Request a review of an ASIC decision", with the business name, the type of decision and the reasons, in fewer than 250 characters. ASIC says that if you still disagree with its decision, you may apply to the Administrative Review Tribunal.

ASIC's page on when ASIC cancels a business name says the most common reason is that the registration wasn't renewed by its due date. Its other reasons include:

• the holder is a company that has been deregistered;
• ASIC becomes aware of something after registering the name that means it wouldn't have registered it in the first place;
• the holder is disqualified from holding a business name;
• ASIC is satisfied the business hasn't been carried on under the name for the last 3 months;
• the holder doesn't tell ASIC about a change, or doesn't answer ASIC's request for information.

ASIC's rules for acceptable company names say ASIC won't register a company name identical to a company or business name someone has already registered or reserved. The review time limit above is from ASIC's page on business names.

Neither a business name nor a company name gives exclusive rights to the name: ASIC says only a trade mark can. Trade marks are on IP Australia's register, which works separately from ASIC's. A business name can be registered that's the same as someone's trade mark, and a trade mark application can be filed for a name that's already a registered business name. Our guide on what to do if someone trade marks your business name covers the trade mark side, including the two-month window to oppose an application.

From the Standard plan up, our watch lists new business and company names close to your trade marks each week, with the date each business name was registered and the date 15 months later, when ASIC's review window closes by our calculation.