Can You Use A Business Name That Has Already Been Used

[mariannet]

hi I Was Thinking Of Calling My Mobile Business Diamond Nails Or Diamond Tips. The Thing Is I Was On A Website And I Found A Nail Salon Called Diamond Nails In England. I Live In Scotland. Does It Matter If You Have The Same Name As Someone Else.. Anyway What Do You Think Of The Names

 

[classyclaws]

I think it only matters if you are a limited company, i.e. you register the name with companies house, but for the most of us here, we are working self employed or as sole traders, so the name is up to you, I know for a fact that there is another Classy Claws on here, but I would definately check to see if there is anyone in or around your town with the same name as it could get confusing and it may ruffle feathers!
hth!!
Mandy

 

[classyclaws]

Sorry I forgot to mention that I think the names are great, I personally like Diamond Tips, but then thats just me...lol!

 

[mariannet]

Thanks I Preferred That One As Well

 

[nailzoo]

In Aus, we have to have completely different names from each other.

It would be wise to check with a solicitor, as you could get yourself into trouble.

Why anyone would want the same name as someone else is beyond me.

Legally it's called "trading off", ie: trading off someone elses name.

 

[Eyemunique]

I think you have to check that the name isn't copywrite'd!! (Sorry for bad spelling, I'm having a real blonde day today!!!)

 

[collin]

hi I Was Thinking Of Calling My Mobile Business Diamond Nails Or Diamond Tips. The Thing Is I Was On A Website And I Found A Nail Salon Called Diamond Nails In England. I Live In Scotland. Does It Matter If You Have The Same Name As Someone Else.. Anyway What Do You Think Of The Names

The answer is..yes/no/maybe as it depends on many issues..there are complex "passing off" laws here in the Uk as well as abroad.

It is not seen as "fair" competion by the courts if you are setting up in buisness off the back of the reputation of another already established buisness by way of implying you are the same as them.

So as an example
If there were no burger bars in your town and you were going to open one and call it Mc Donald's or even Mc Don's..you would get your head ripped off through the courts as Mc Donald's are a national chain etc.

From what you are saying (and providing it is not possible for you to take customers away from the existing Diamond Nails in England) then there is absolutley no problem with you using the same name..

If you are a salon your customer base would be local so best check if there are any salon's within say 50miles from you that are using a similar name to the one you wish to use.if so best avoiding using the same name.

Hoping this helps and good luck:hug: