Naming Your Business

[FrogNog]

My first question. Wow.

Does anyone know where I stand on naming a business with a fairly common term of endearment.
I have an idea for a little business and the name is perfect, however on googling, I found several other businesses with the same name.
Would anyone else be able to ask me not to use the name or am I free to go ahead?
Thank you for your input

[black_cat51]

it depends if they have tradmarked it. for example, if you called it "the real thing" coke might have something to say about it.

[DTCwordfan]

In short, if they are in the same field of business, yes......the issue in front of the courts is "Does it create confusion in the eyes of the consumer?" If so, forget it.

[DTCwordfan]

Saw a great one today, near Scorrier and North Country here in Cornwall, 'Sinn's B&B".......

[FrogNog]

Thank you. What if I changed it slightly, say with a hyphen?

[black_cat51]

again, facts change cases. If you were to call your cafe "mac-donalds" it might be a different proposition than if there was one other business, in the outer hebrides trading in a different way but being called the same.

[Maydup]

If the company with the same name is sizeable they are likely to sue you for impersonation.
Have a look here for more info

http://startups.co.uk/what-to-do-if-your-chosen-business-name-is-taken/

[237SJ]

When I studied Business Studies eons ago, I remember that this sort of thing was governed by Companies House. Maybe you could google it.

[FrogNog]

Not sure I understood that. So you mean as long as I'm selling whelks and they are selling diamonds it's fine, but if they're selling cockles it's a no-no?

[237SJ]

http://www.companieshouse.gov.uk/

[Buenchico]

There is no specific law saying that a business can't use a name which is already in use. For example, there are taxi (and private hire) firms all over the country trading as 'A2B' and I'd be prepared to rake a bet that there are loads of duplicated names for hairdressing salons as well. (e.g. 'A Cut Above' is probably used in lots of towns). Driving schools provide a further example, with the same names being used in lots of different towns.

However you need to consider the geographic area where you will be trading. If there's another business with the same (or even just similar) name as yours operating in the same area, you could fall foul of the law on 'passing off'. For example, if there's a well-established hairdressing salon called 'Curl Up' operating on one side of a town, someone opening a salon called 'Curl Up & Dye' on the other side of the town might be accused of trying to take customers from the existing firm through pretending to be a new branch of it

[Buenchico]

Re above^^^

The Companies House rules only apply to limited companies, not to sole traders or partnerships.

[DTCwordfan]

Go back to that point about creating confusion. A Cut Above or A2B Taxis in Leicester is not going to do that to the consumer as, say, Newcastle..... McDonald's hamburgers would....... so if you are using 'Love' then what other businesses where you are based are using that name and what sort. Any conflict, then it's a non-starter.

[FrogNog]

Thank you everyone. I will check the locations.
It's only going to be a very small sideline hobby business.

[retrotv]

Out local MacDonalds toy shop won their case easily when MacDonald's (cheap burger joint) opened next door and tried to get them to change their name. Big mistake against an respectable family company. Very disappointed that the American junk food joint did not have to change their name.

In general there is no problem when companies or products of the same name operate in different marketing areas. Just look at "Quattro".