Always Read the Fine Print

Well I promised to be honest about things that have gone wrong and this one is a big one.

I, like many other small, home-based businesses registered my business as a sole trader. It is the easiest and cheapest way to start a business here in Australia. Being reasonably new to the country I tend to forget that Australia is effectively lots of different countries held together with red tape. When I picked the name Amanuensis, it was because I felt it reflected who I am and what I do. I was thrilled when I saw that it was available here in Australia. Amanuensis, or amănūĕ΄nsis means, 'one who writes from dictation or copies manuscript; assistant
[Latin: (servus) a manu secretary + ensis belonging to.]'

Although family members and some friends said, 'oh it's too hard. People won't know what it means', I felt it was right for me. I thought it didn't really matter whether people knew what it meant or not, it sounds polished, professional. I loved it.

For the past 4 years I have been building up my business and this year I wanted to take things to the next level and register the company as a "pty ltd" company. Imagine my horror to find out that in April last year someone in Queensland registered the same name. I rang up Consumer Affairs immediately and yes, that's quite correct. Anyone in a different Australian state can register exactly the same business name as someone in another state. As if that wasn't bad enough, it means that I can no longer change from being a sole trader to a pty ltd with Amanuensis. I was devastated.

It just doesn't seem fair to me that you can find the right name, register it, start a business and effectively someone can copy your idea. I am not suggesting that this is what this person has done as I don't know what she is using the name for, however I feel like someone has stolen something very precious. I felt I had something unique and special, something that reflected who I am and what I was doing. I am sure all of you out there feel the same about the names you have chosen for your businesses.

So ALWAYS read the fine print. It is there on the website, I just misunderstood. I am registered for Victoria, but thought that because it was entered into the Australian Business Registry I was covered for the whole of Australia. After all you would assume that you can't just start up businesses with the same name willy-nilly, however I am wrong. So if you are thinking of starting your own business, make sure that you are prepared to share the name that you have invested so much time in, otherwise make the jump and register it as a pty ltd company.