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Registering an expired business name

Discussion in 'Business & Startup Investing' started by Steves_8, 24th Feb, 2010.

  1. Steves_8

    Steves_8 New Member

    Joined:
    24th Feb, 2010
    Posts:
    2
    Location:
    Brisbane, QLD
    Hi folks.

    I am in the process of starting a new eCommerce business. So far everything is going to plan, with one exception. The 'trading as' name I would like to use appears to have been claimed in Queensland :mad:, though as far as I can tell, it isn't actually being used :)

    Originally registered in 1993, the registration is due for renewal later this year. Because I can't find any activity, I'm hoping that the current owner won't bother re-registering. If this happens, can I immediately apply to register the name?

    Fingers crossed somebody can help!

    Steve
     
  2. Superman

    Superman Well-Known Member

    Joined:
    6th Nov, 2007
    Posts:
    343
    Location:
    Gold Coast, QLD
    Steve

    Before waiting for the business name rego to expire, you should do a search on IP Australia - Welcome to the home page of IP Australia and see if the name is trademarked. If not trademark it in the appropriate catergory(ies).

    The following article explains it really nicely:

    Business Name Trademark - check for trademarks BEFORE registering in Australia

    If you want the name fight for it using a trade mark and a letter from your solicitor. That would encourage the current QLD business name holder NOT to re-register.

    For anyone interested in learning more about IP for your business (expecially for web based businesses) Stratacore is running a training day on the Gold Coast next week Thursday 4th of March. Cost is extremely reasonable for $88 per person. More information here:
    Stratacore

    Contact me for further details.

    SM
     
  3. Steves_8

    Steves_8 New Member

    Joined:
    24th Feb, 2010
    Posts:
    2
    Location:
    Brisbane, QLD
    Hi SM
    Thanks for the advice. I'll give it some thought. I'm a little wary of flagging my interest in the business name, because it might persuade the current owner to re-register and then try to sell the rights to me, if that's possible - like a domain name 'web squatter'.

    I think claiming the trademark is good avice, too.

    Cheers

    Steve