Can I use a name for my business that already exists?

[Zipedeedooda]

I've had a great idea for a name for my business but I've googled it and someone at the other end of the country has the same type of business with the same name. Does this mean I definitely can't use it? What makes me wonder is that surely there have got to be lots of businesses called the same thing up and down the country. I love the name and like I say we're at opposite ends of the country. Anything advice much appreciated.

Its a risk. In some circumstances they can make you change it depending on the type of business etc.

If you are both operating limited companies you are not permitted to use it and wouldn't be able to register the company.

Never good to have to change the name of your business part way through and so it might be better to think of something else.

Thanks for your reply. I am wanting to start a business just working by myself- is that a limited company?

I'd avoid like the plague. Imagine if they make a mistake and people think it's you!

Is the person using the name a limited company (you may grow from a sole trader into a ltd company later) & is the name trademarked.

If not you can use it but you may want to check whether the website domain name is available.

If you have a website name that's very similar to another, you may find that your site won't come up in searches, but theirs will, especially if they were first with it.

I wouldn't as you would be completely reliant on them not doing anything wrong or going bankrupt. Or equally being really successful.

It would be OK if you serviced boilers and they were sheep shearers but if you are both doing the same thing then it's too risky.

I wouldn't in those circumstances. The other business might have a case against you and have to change the name.

Frustrating but best to get it right

Check if they have any trademarks or copyrights to protect their name, logo, image, etc.

No real problem in using the same name if both businesses are local and miles apart, especially if your websites etc look completely different. Lots of businesses do that.

Problems arise if you're both regional or national, where customers can easily get confused.

The major challenge is the legal term "passing off" which you should google to get a good idea of what it means etc. Basically it's where you're trading on the back of another business, i.e. pretending to be them, benefiting from their marketing/goodwill, etc.

At the end of the day, lots of businesses operate happily using the same names. Often because they're in different markets, i.e. selling different things, operating in different areas etc. You just have to be very careful not to breach any trademarks or copyrights they have and take all steps to make your business as different as possible from them, i.e. different logos, different website colour scheme, keep space between their locality and yours etc.