Startup business - Similar Names?

vixlun

[FONT=&quot]Hello,[/FONT]

[FONT=&quot]I am in the process of starting my own company in the United Kingdom but have concerns with the brand names and the similarity of the two. I will not mention the ‘actual’ companies in name but I will use an example to demonstrate an exact replication of the situation I am in.[/FONT]

[FONT=&quot]I used to work as a graphic designer for a company called ‘EarthQuakes’ for two years. I handed in my notice a couple of months ago to pursue my own career. [/FONT]

[FONT=&quot]‘EarthQuakes’ produce and sell products to builders and companies who supply materials for building. The material of the products are designed to withstand and be resistant against any natural disasters (such as earthquakes, hence the brand name). They have been in the industry for 10 years and are recognised by many companies within the sector. They are not the only company in this industry and United Kingdom to produce this type of materials for building.[/FONT]

[FONT=&quot]‘EarthQuakes’ have been using their trading name for 6 years now but the company was registered prior to this under a completely different name, PS Construction Ltd. Please note, neither ‘EarthQuakes’ nor ‘PS Construction Ltd.’ have a registered trademark.[/FONT]

[FONT=&quot]I plan to start my own business selling the same products (to withstand natural disasters such as earthquakes) in the same area, United Kingdom. This means there could possibly be a cross over in the clients both of our companies do business with.[/FONT]

[FONT=&quot]-[/FONT]

[FONT=&quot]So here is my concern - I would like my business to trade under the name ‘Quakes Materials’. Some would say there is a clear resemblance and are noticeably similar company names (Earth[FONT=&quot]q[/FONT]uakes & Quakes Materials) when you say the two out loud. My main concern would be for either ‘passing off’ or just simply breaching the other company brand name by being seen as copying. Please note, there would be no similarity in terms of visual branding, logos and text copy throughout the website or any of the advertising material.[/FONT]

[FONT=&quot]I am having a 30 minute meeting with a qualified attorney in 2 months’ time. This is the earliest I could get an appointment but I am concerned as I do not really have the time to wait for this. He could possible give some useless information or simply not enough information in the 30 minute window I have to both explain the situation and receive coherent advice. I am hoping someone here can support me in this as I have read endless amounts of forums, articles, reviews and the official gov documents regarding my situation but none of them give clear information.[/FONT]

Stevie_Palimo

They sound different to me so not really sure of the issue tbh.

Mistral001

Since you worked for this firm that you are worried about I would choose a completely different name. Your present firm will probably wish you all the best in the future and even admire you but will not like the competition so no need to rub salt into their wounds.

paddyrg

Seeing as the Quakes part of the name is the product you're selling (as it were), it'd be pretty harsh for anyone to claim it as their own. A bit like someone claiming all name uses of the word 'car' or 'water'. I mean yes, some one will over reach and try to claim it, but it's not going to be taken seriously in court. Even 'EarthQuakes' would be tricky to enforce.

That said, as above, as you're starting afresh, why not take the chance to be creative? 'Tremor B Gone', 'Shake Away', 'Safer Than Houses', whatever - get yourself a cohesive brand that isn't in any way parasitic and keep the competition friendly (you never know when you'll need them in order to complete an order)