Registering a company name similar to another

jools002

Hi all,
I wonder if someone can help me understand the rules on naming a company. I'm starting up a mobile dog grooming business and after thinking long and hard have decided on a name: "Pampered Pooch Mobile Dog Grooming." I've checked the Companies House website and there are some similar names although not identical (Pampered Pooch Limited and The Pampered Pooch Dog Grooming Studio). I also checked the Intellectual Property website for a trademark and found that "Pampered Pooch" and "Pampered Pooches" are trademarked. Does this mean I can't really use the name?

InsideInsurance

It means there is a significant risk of using the name because of the similarities to existing companies/ trademarks and the fact you are operating in a very similar product/ service.

They do also consider geography, so if they all operate in confined area and you are also confined and at the opposite end of the country you may get away with it. The internet has reduced these defenses somewhat though.

Inevitably your branding etc can also compound the issue, if you nick their logo and just change studio to mobile youll have much more issues with passing off than if you're a totally different look and feel to the brand (not that means you can automatically use their marks etc)

BJV

Intellectual Property is a mind field. Passing off is to and the company who has the trade mark could have a case. The names are very similar.


For example phones4me close phones4u. Not identical but it is definitely similar phones4me would be trying to gain a commercial advantage on the reputation of phones4u.


If I was phone4u I would be very annoyed and rightly so. Companies guard and protect their reputations at all costs.


In a nut shell if a customer can be confused then there is a problem.


IP legal advice also costs an absolute fortune.


Personally I would simply chose another name. You do not want any confusion instead you want to be a fantastic success in your own right.


You yourself must think that they are similar and there may be a problem otherwise you would of already registered the name.

jools002

Ok thanks for all replies. I think it's probably best to just change it as I will always be stressing about it otherwise. It's only a name after all. Thanks

BJV

jools002 wrote: »

Ok thanks for all replies. I think it's probably best to just change it as I will always be stressing about it otherwise. It's only a name after all. Thanks

It is a good name but you will find a better one and the last thing you want when you start a business is to have any baggage at the back of your mind.


P.s Good Luck!

SailorSam

If you have a look around the Internet you'll find quite a few stories like this.
If the big boys think you're trying to get business by pinching their trademark they'll come down on you like a ton of bricks.
http://abcnews.go.com/2020/GiveMeABreak/story?id=1390867

There's a man on the radio at the moment from Liscard , Wirral has a bar called Soft Rock Cafe and the Hard Rock Cafe are sueing him.

trailingspouse

Part of the process of choosing any business name should be googling it and seeing what comes up.

Years ago when I was setting up a business which included the name of the village where we were based, I googled it and found a guy whose surname was the same as our village name, and in the same line of business!! He was based in the States so we decided we didn't need to worry about it too much - but at least we were making an informed decision.

[Deleted User]

jools002 wrote: »

Hi all,
I wonder if someone can help me understand the rules on naming a company. I'm starting up a mobile dog grooming business and after thinking long and hard have decided on a name: "Pampered Pooch Mobile Dog Grooming." I've checked the Companies House website and there are some similar names although not identical (Pampered Pooch Limited and The Pampered Pooch Dog Grooming Studio). I also checked the Intellectual Property website for a trademark and found that "Pampered Pooch" and "Pampered Pooches" are trademarked. Does this mean I can't really use the name?

I note than many other companies that have been registered under a name incorporating the registered trademark didn't last long and have been disolved.

One can only speculate as to the reasons for this