VIC Registering a Similar Business Name?

[zadlay]

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

 

[Kim Walters]

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.

 

[zadlay]

Ah makes sense, thanks Kim!

 

[Maya Sapir]

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)?

 

[RAZA-ASSOCIATES]

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)?

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

 

[Kim Walters]

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.

 

[TheRealPM]

I have a similar but different question

You know how there is a dance music outfit called "Ministry of Sound" - its intentionally a pun on an official sounding but fictional Government Department
Can I Adopt for my Business Name the name of an old overseas Gov. Department name?
Lets say for example there was in the UK government dept called "Health & Wellness Agency" and couple years ago it has since rebranded to something else.

Could I call my Aus Business that old name?
Lets sat that the name is well recognized globally like say 'NHS' is today but like I said, is no longer used.

Intention is to create familiarity with my service business - which is obviously an Aussie ABN/Co, small outfit not a government dept from the other side of the world few years ago.

Business Name done, could my logo be similar to the old government logo

PS I did a name search at IP Australia | Trade Mark Search and got no result