Someone locally is using the same business name as me. What can I do?

[GenerationX1969]

I do nails in my local area and I am Brenda’s Beauty. I set up about 3 months ago and use local facebook groups to advertise.

Before choosing the name, I did extensive research and nobody in the area has a name the same or similar to Brenda’s Beauty.

Until Now.

I’ve just seen a local lady advertising on Facebook also calling herself Brenda’s Beauty. She does lashes so not exactly the same as me but very confusing for clients.

I can’t easily change the name of my business because I have set up a website brendasbeauty.co.uk and email [email protected]

The other Brenda does not have a website and is using her personal email so I messaged her and asked her to slightly change her business name eg Brenda’s Beauty and Lashes or something. But she has refused because she has already paid to get leaflets printed.

I’m just so angry. A simple google search of the name would have shown a business in the area of that name already.

Is there anything I can do?

(Brenda’s Beauty is not the real name of the business)

Have you trademarked the name?

Nothing you can do really. Just seems like a case of bad luck, unfortunately.

How long has she been operating? If you’re both new then a cursory search might not have shown your business as you won’t have much of a web presence in terms of search engines etc.

If you’re just doing nails, rename yours to Brenda Nails It or Nails by Brenda?

Websites and emails can be changed and a redirect set up?

Trademark it.

Local social media could be your friend here. Say you think it's someone trying to scam your customers and make it very clear who you are, what your contact details are and what you do.

trademark and cease and desist solicitors letter - you tried being nice

You very likely can’t trademark a phrase as basic as that. She could only trademark a design mark, but that won’t sort the issue.

Unless you’ve registered it at companies house I don’t think there’s much you can do (even then it’s a bit generic to fight) .

As a previous poster suggested, if you want to be unique, change your name. I know it sounds unfair as you believe you picked it first and it may cost a little more for a new domain name. But, on the plus side, if you keep ownership of the original domain and redirect it any marketing she does as Brenda’s beauty will result in searches coming to you.

Not much you can do, the odd social post maybe kindly warning others might be a sly dig, but I’d gather up similar website names for fun, and redirect those to your own website 🤣

Also with you having a website, you’ll be the first thing to come up on google. Make sure your business is registered with Google too.

imposter Brenda is being cheap if the only reasons she won’t change is because of her flyers . Use her cheapness to your advantage

Leaflets aren’t cheap to print so I can see why see doesn’t want to change her name.

Could you change your name to Brenda’s Beauty Consultations then still keep the same email address?

When I set up my business, I had to do an application, which included a name search, and then registered my business name. I have to pay a certain amount every year to renew it.
This is in Canada, so it may not be the same there, but there might be a similar system?

https://www.trademarkwizards.co.uk/advice/trademarking-a-business-name-the-complete-guide-for-uk-companies/

Well then Brenda 2 should have done her homework. It’s ridiculous to suggest Brenda 1 changes her business name!

I agree with using local social media, you were there first and it’s a good way of reminding people who you are and what you do.

Change your name to - THE ORIGINAL BRENDA’S BEAUTY -

The OG Brenda's Beauty surely?

I would offer to go say halfers on new leaflets for her

It might be ridiculous, but if Brenda 1 didn't register the business, she hasn't a leg to stand on.

This is what has made me so mad. A simple google brings my website and Google page up.
She has no idea whatsoever.

Thank you. I was hoping to avoid any extra costs. I’m a very small start up and trying to keep my overheads low.
But I will do this if the costs aren’t too high because IT’S THE PRINCIPLE!

Contact a law firm that specialises in Intellectual Property. They can send a cease and desist letter. You don't necessarily need to have registered your business name as a trade mark if you're able to prove that you've been using it longer than the new business.

Join forces and do nails and lashes? More clients?

Possibly imposter Brenda has been going for three months as well, but it’s only just showing on your algorithm. If she hasn’t got a website, then that’s why she didn’t show up. Just a thought.

If you don't trademark it, she might, then she can send you a cease and desist. If you're serious about it, there are lawyers who specialise in this and will tell you want you can/can't trademark and how to protect it. But if you want to keep costs low, it might be cheaper just to change your name. I'm self-employed and have been round these houses myself!

Brenda's Beautyful Nails
(spelling mistake on purpose)

BeYoutiful nails is a possibility.