South Australian Consolidated Acts

BUSINESS NAMES ACT 1996 - SECT 9

9—Priorities between applications

        (1)         If there are two or more applications for registration lodged in respect of the same business name or names that are, in the Commission's opinion, likely to be confused with or mistaken for each other, those applications are entitled to priority as between themselves according to the order in which they were lodged with the Commission.

        (2)         Nothing in this section affects the validity of the Commission's action where the Commission, in the normal course of dealing with applications—

            (a)         refuses an application for registration of a business name because the business name is the same as, or is, in the Commission's opinion, likely to be confused with or mistaken for—

                  (i)         a registered business name; or

                  (ii)         a business name the registration of which has expired during the preceding two months; or

                  (iii)         the name of a body corporate; and

            (b)         registers the business name or a similar business name on an application by some other person lodged after the first mentioned application (the name then having become available for registration).