Freelancetrainer
Well-Known Member
Hi folks.
I’m just trying to understand the whole business naming process. I’ve applied for a trademark and now just waiting to see if there’s any objections.
The only trademark that came up as a possibility of objecting is not in the uk although does supply products to the uk but does not have the same name. I don’t supply or manufacture products, I just provide services and only within my immediate local area (my home) in the uk. So I’m not expecting any objections.
However, there is another business with the same name in America. It did not come up in the gov. Trademark search but I know they have a .com domain. They seem to be local in their own area over there.
What I’d like to know is:
Legally, Can I use the same name as a business in America that’s not in the UK nor trademarked in the UK, even though they do have a .com domain?
If I can use the same name then I know I won’t be able to use .com as that’s been taken. Will this be a big disadvantage to me as a single person operating from home? I’ve seen I can use the .com if I add my own name at the beginning, rather than just using the business name but I’m wondering if it could confuse clients looking for my website as the American one will pop up too if they just type in the business name?
Or can I have a .co.uk or some other ending that may work better? Or will the American .com still come up trumps with every search?
I have seen a number of businesses using the same or similar names to trademarked names so I’m assuming that even if I’m not allowed to trademark the name, I can still use it?
I may have made this all sound complicated.
I’m just trying to understand the whole business naming process. I’ve applied for a trademark and now just waiting to see if there’s any objections.
The only trademark that came up as a possibility of objecting is not in the uk although does supply products to the uk but does not have the same name. I don’t supply or manufacture products, I just provide services and only within my immediate local area (my home) in the uk. So I’m not expecting any objections.
However, there is another business with the same name in America. It did not come up in the gov. Trademark search but I know they have a .com domain. They seem to be local in their own area over there.
What I’d like to know is:
Legally, Can I use the same name as a business in America that’s not in the UK nor trademarked in the UK, even though they do have a .com domain?
If I can use the same name then I know I won’t be able to use .com as that’s been taken. Will this be a big disadvantage to me as a single person operating from home? I’ve seen I can use the .com if I add my own name at the beginning, rather than just using the business name but I’m wondering if it could confuse clients looking for my website as the American one will pop up too if they just type in the business name?
Or can I have a .co.uk or some other ending that may work better? Or will the American .com still come up trumps with every search?
I have seen a number of businesses using the same or similar names to trademarked names so I’m assuming that even if I’m not allowed to trademark the name, I can still use it?
I may have made this all sound complicated.