Business name copy. legal or not?

i have my own business, i own the name of the business, have it registered, so that i am the only business with that name.

now i find that there is another business, in my area, with my business name, the only difference being they put a hyphon (dash) between both words in the name.

Example : I am " Mega Monster Company" and they are Mega-Monster Company"

( the business' are similar, but not the same)

Can they do this ? I am annoyed because, it is my name, they are in the same area as me, and i do not want customers and clients being confused to who is who.

Should i call the registary office, where i put my business name down 3 year ago, and am paying every year for the 'keep' of my business name??

any help, thank you :)

Comments

  • I think that you have a case. I would take the matter to the Registry Office for Business Names in you jurisdiction and ask them to review the other businesses' name as it is too similar to yours.

    You could say firstly that you have copyright over your business name. That the other business name infringes on that copyright to a large degree even if it is not 100% identical. The hyphen is only a small adjustment and a lot of people in a hurry would not differentiate in their minds between the two; if they were rushing to obtain a service in a certain industry and you were both in the same industry with almost identical names. This firm could be stealing your business and trading on your good name.

    Definitely defend your turf. It is hard enough surviving in business without someone else cashing in on your good name and success.

    Good Luck!!!

  • I believe the correct term here is "trade name". It's usually first come, first serve. You can't use a similar sounding name. You can write them a cease-and-desist letter. If that doesn't work you'll need to get a legal injunction.

    If you have a trade name like "Johnson Motor Works" another company can't move in down the street as "Johnson Motor Works and Lube" because it's too similar. Just like McDonalds, you're not going to see other burger joints named "MacDonalds" or "Mickey Donalds" because McDonalds is going to take swift action to protect their trade name.

  • The trademark policies indoors the united kingdom furnish you specific person-friendly-regulation rights to avert others from using an same mark, whether you do not have from now on registered it everywhere. See a solicitor approximately your recommendations for finding out to purchase them to end and desist from using your kind in an same (if now no longer comparable) field.

  • Ballu is correct, EXCEPT he meant to say trademark not copyright.

    Also, if Mega Monster Company and Mega-Monster-Company are in completely different industries. For example: you are clothing and he an accountant, you can have the same name and that is not a trademark infridgement.

  • first, you should do some due diligence to make certain they didn't have their hyphenated name before you registered yours. next, if they are in the same industry as you and you have legitimate concerns that they are causing confusion in the marketplace or otherwise hampering your ability to do business, the nice thing to do would be to contact them and request they change their name. otherwise you'll have to contact a lawyer for a cease and desist order. i assume not only have you registered for the name but you've also filed for a dba (do business as)?

  • There is nothing you can do. "doing business as" and copy right are not the same thing. The only way you can hold your business name to you exclusively is to copy right it.

  • As long as you can get enough evidence that they are actually annoying you (trying to confuse customers, etc.) then you can sue them...On the other hand, if they operate legally, then their business' name is also legal, that means they are permitted by law to use that name, then you can't have any legal disputes with them....

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