5.1.9. Applicant name: Joint owner names with ABN

If joint owners have provided just their names and an ABN, the formalities officer should search the ABN to establish the type of entity involved and determine if the ownership needs to be clarified.

Example 1

J.R and J.G Doe

ABN 12345642366

On the basis that an ABN search for the above reveals the entity type to be a family partnership, we must ask the applicant to provide full names instead of initials. When they provide this information, we can amend the details and enter them into the database to reflect joint ownership, because it is the individual partners who own the design.
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Example 2

John Doe and Jane Doe

ABN 12345642366

On the basis that an ABN search reveals the entity name to be ‘John Doe and Jane Doe Group’ and the entity type to be ‘other unincorporated entity’, we will need to query the application, as it is not clear whether ownership is to be held jointly by the individuals or by the entity.

If the entity is the intended owner, we will need to check whether the entity is legally a person, as a trading style or business name is not acceptable (see ‘Who is not a ‘person’?).