Availability of Company Name ASIC allow a name to be registered provided it is not considered to be identical to an already registered name and is not unacceptable for registration under the Corporations Law. ASIC allowing a name to be registered is not proof that there are no potential problems with the name regarding “passing off” under the Trade Practices Act but only that the name is not considered identical to an already registered name. ASIC take no responsibility for the closeness or appropriateness of the name and they advise that “Under section 147 of the Corporations Act 2001 there is no subjective judgement to decide the availability of a name. Therefore the onus is on the applicant to have regard to similar names or to names which may possibly be confused with or mistaken for another already registered name. The approval of a name by ASIC does not make that company immune from any action which may be taken by another organisation or Government Agency.” There are also other times when a name may be available but it may not be prudent to use e.g. where a company with the same or a similar name has recently been liquidated. Corp Reps will assist you in choosing a name which is both desirable and appropriate.