Choosing a business name when a similar name is trademarked

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sarahjane13

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I've though of a name for my business and it isn't registered with companies house, however, there is a similar name trademarked.
The name I have chosen only contains one word but when I look on the trademark site there is a trademarked name that is the same as the one I thought of but with the word 'snacks' after it.
Can I still use it or would this be a problem?
 
What category is the full name trademarked under?
Food only or have they included hair & beauty (class 44)?

Secondly, is the word you want to use a made up word like Blingfairy or is it an ordinary everyday word like Apple? Usually the trademark will apply to the full name/phrase rather than the individual words.

If you're still in doubt and might wish to trademark your business name in the future, contact the IPO for more advice. They're helpful and free!
 
I was thinking of Stript. There is a trademark of Stript Snacks but not under class 44. There is however, the word Strip trademarked under class 44.
 
You can apply for the trademark - I think about £125 - with advice from the ipo. They would contact any company in the same category with a similar name and ask if they object. If they do, you can receive a cease and desist notice to stop you trading with that name. You can fight it if you want to.

If you proceed you pay a further £125.

I decided not to proceed!

Vic x
 
I think this whole trade mark thing is a nightmare. If you are freelance and a sole trader you don't have to register with companies house. You can just set up and go so to speak.

The trade mark thing- nearly everything has been trade marked. I researched loads of names and my main word was trademarked in class 44. I also googled those names and found loads of salons who still have used a trade marked name in the UK.

I think the whole trade mark thing in reality only really applies if you are planning to be a big company and could be a threat to the other trade marked company. Like "AVEDA" etc or same name in same town. I spoke to a lawyer, and as such a small freelance business he said not to worry about it as it was a waste of my money. If I moved to Europe and was trading in the town of where the other (same name) business is, it might be a problem. Yes the whole cease and desist can happen but the other company has to pay legals for that (so you would have to be a big threat for that to happen).

So in short it depends on how big your business is IE shop, chain, freelance etc. then just use some common sense. Good luck [emoji4]
 
While the above is totally true, the guy who owned the trademark for the word 'beautique' sent out cease and desist letters to several therapists running a home salon. Hardly a major business threat but he still did it. They then had to change everything they had beautique written on. Chances are you'll be okay, but just be aware you might not!

Vic x
 
While the above is totally true, the guy who owned the trademark for the word 'beautique' sent out cease and desist letters to several therapists running a home salon. Hardly a major business threat but he still did it. They then had to change everything they had beautique written on. Chances are you'll be okay, but just be aware you might not!

Vic x

Vic is 100% on the ball here. :)

There were several threads running at the time as most geeks thought as they were operating as a sole trader, perhaps from home or mobile, no-one would bother them but they were pursued and threatened (legally) with court action.

It meant they had to go to the expense of changing their business name, logos and all stationery, web pages etc. Then they had to notify all their clients of the change of name.

It was very expensive financially and very stressful for many geeks.

So whilst the majority of trademark owners probably wouldn't pursue a small business, there's always the chance that you might have to change your name. If you intend to grow your business, open premises, employ staff then it's probably best to choose something that won't cause you problems when the business has become well established.
 
Agree with you both and there is always a chance! Really depends on the word and how common it is if the other company is near you. I have taken the change as my competitor is in Europe and if I had to re brand, it's wouldn't be the end of the world to buy a new domain name and business cards as I am freelance. My decision was based on speaking with a lawyer. I would advise anyone else to do their own research and seek legal advice if unsure [emoji4]
 
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