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Do I need to consider existing trademarks before registering a company name?

Yes. Even if ASIC accepts and registers the company with the name you have chosen, NTAA Corporate does not warrant that the name will not infringe a trademark, will not be susceptible to a “passing-off” action or is otherwise unused by another entity, only that the name has been accepted by ASIC for registration in accordance with the Corporations Act 2001.

It is your responsibility to be aware of any similar names or trade marks that may affect your name. Visit the IP Australia website to search for existing trademarks.

You should seek further legal advice if you are at all in doubt about the usage of the name you have chosen.