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What are the rules on names I can reserve?

ASIC will reserve a name only if it is available. A name is available unless the name is:

  1. identical to a name that is reserved or registered under the Corporations Act for another body; or
  2. identical to a name that is included on the national business names register in respect of another individual or body who is not the person applying to have the name; or
  3. unacceptable for registration under the regulations - for example, if it is restricted (like "ANZAC") or inappropriate.

Although a name may be available, a company or a person with a similar name may bring a claim of unfair competition or 'passing off' against your company. You should seek advice as to how to protect against this possibility.

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