Guidelines for the use in business names of the word ‘Co-operative’

'Co-operative' is a restricted word under Part 1 of Schedule 2 of the Names Determination.

Criteria for the assessment of applications

Applicants seeking Ministerial consent to the use of the word ‘Co-operative’ or the abbreviation ‘Co-op’ in a proposed business name, notwithstanding that the business is not expressly required to use these words in its business name, will need to demonstrate:

(a) the word ‘Co-operative’ or the abbreviation ‘Co-op’ is permitted to be included in the business name because of the State or Territory co-operative societies' legislation under which the entity is incorporated or registered

(b) the business name is to be held by an entity that is required or permitted to use, or related to an entity that is required or permitted to use, ‘Co-operative’ or ‘Co-op’ in its name

(c) the context in which the word ‘Co-operative’ or the abbreviation ‘Co-op’ is used in the name is not likely to mislead members of the public into believing that the entity is registered under co-operative societies' legislation (e.g. the co operative research centres established by joint venture agreements between the Commonwealth and industry).

An applicant seeking to use the word 'Co-operative' or the abbreviation 'Co-op' under criteria (a) or (b) will need to provide evidence of the registration of the applicant, or the related entity, under the relevant State or Territory co-operative societies legislation.

Applicants that are applying to use the word 'Co-operative' or the abbreviation Co-op' in their business name under criterion (c) will need to demonstrate (explain, give reasons, provide evidence) that there is no real likelihood that members of the public would be misled into believing that the entity is incorporated under co-operative societies legislation or otherwise entitled under legislation to use the word 'Co-operative' or the abbreviation 'Co-op' in their name.

Further links

Description

Business Names Registration Act 2011

This Act details the legislative framework for business names in Australia.

Business Names Registration (Availability of Names) Determination 2015

 

This Determination provides the rules for determining whether proposed business names are identical or nearly identical, restricted words and expressions, and the kinds of names that are undesirable.

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Last updated: 30/04/2014 12:00