Can a business use the same name as other businesses in Australia?
I have identified a new name for my business and have conducted some searches. There seem to be a number of other traders with the same or similar name. I am unsure what to do as I really like the name.
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Lance Scott, Paddington 2021 NSW
- Thorough searches are warranted to see if these other traders are in the same field as your intended use and it they have registered trade mark rights or superior trade mark rights through use.
- It still may be possible to use the name in a crowded field because it may be that relatively small differences may serve to distinguish one trader from another. However this requires careful analysis.
- Regardless of the trade mark position you should ask yourself whether it is desirable to have a brand which is so similar to others. Consider selecting and protecting a more distinctive brand.