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VIC Registering a Similar Business Name?

Discussion in 'Intellectual Property Law Forum' started by zadlay, 13 March 2017.

  1. zadlay

    zadlay Member

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    Hey guys, cheers for giving this a quick read!

    I'm looking to start an online clothing store and was keen on using a particular business name, however it's already been taken. Is there anyway I can obtain the use of that name?

    I read somewhere that if other businesses with a same/similar name as yours are not operating in the same industry as you are then the name is available. Is this true or do I have to use another name?

    Thanks
     
  2. Kim Walters

    Kim Walters Well-Known Member
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    As long as it is not for the same or related products or services. It can be a grey area where the goods or services are not exactly the same but there are still industry or trade channel overlaps. The test is whether a customer will be confused as to the identity of the seller because you are both using the same name for goods or related goods in the same or associated fields.

    A trade mark search will help you assess your risk before investing time and money in a brand name that may not be available to you because another person owns it, either under the common law or as a registered trade mark.
     
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  3. zadlay

    zadlay Member

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    Ah makes sense, thanks Kim!
     
    Kim Walters likes this.
  4. Maya Sapir

    Maya Sapir Member

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    What about if my registered business name is used by another company for their product but same name is spelled differently (and the product is almost identical to the product I produce)?
     
  5. RAZA-ASSOCIATES

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    If you believe that the mark will cause confusion to general public then it is infringement and should take legal action against it.
     
  6. Kim Walters

    Kim Walters Well-Known Member
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    As to your business name, a business name is used to identify a business ('ABN'), not a product or service.

    Only a registered trade mark can: (1) give you ownership of a name or sign (i.e. trade mark) and, (2) give you legal protection of your name/sign so that you can stop others from trading with or using it.
     
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