Can two business names be the same?

[gradyhawks]

Hi!

Looking at starting a little something but have been wondering about a name and have an idea, but there is another business (not related) that has the name already here in the UK.

They happen to be a photography company, what I want to start is just a little Indie Developer game company. Can the name be the same (as its a different field?) or do I have to have a separate name entirely?

Cheers,

Grady

 

[Martynt74]

You couldn't have the exact same company name I don't think ie XYZ Limited.

However you could register as XYZA Limited Company Trading as XYZ

 

[Jambo]

For a (sole trader) business name it is likely you would be okay as long as there is no similar trade in which the other business could say you are 'passing off'. The location of the businesses and the geography of the trade would be a consideration in this too.

If it's a Limited Company then you cannot have the same company name.

 

[stopper]

Can the name be the same (as its a different field?)

In a different field of business, yes.

 

[div0]

Worth considering that things like the obvious domain names, email addresses, social media profiles, etc might have already been grabbed by the other company. Which might be a bit of an inconvenience to you.

 

[Buddah]

It's ok, i've just checked and jessopsgaming.co.uk and .com are still free!!

 

[gradyhawks]

I've checked email and domain names... they have the .co.uk and the .com is taken by some junk site. But I could add something onto the end of it like a generic "Studios" or something.

 

[kinobestew123]

Except everyone that tries to guess your domain name is going to end up on those junk sites. Not great.

 

[radderfire]

A company can register a given name for particular business products/services. When choosing a new name, you should not infringe their trademark.

Even if they don't have a Trademark, it could still cause you some problems, e.g. consumer confusion, can't get the best domain names. It may be better to think up a truly unique name. See also:

http://www.webref.eu/domain-names-law-and-intellectual-property.php

 

[Maccapacca]

What's this in my Letterbox Ltd
and
What's this in my Letterbox Limited

Would be two different companies

 

[Raymond Lin]

Hi!

Looking at starting a little something but have been wondering about a name and have an idea, but there is another business (not related) that has the name already here in the UK.

They happen to be a photography company, what I want to start is just a little Indie Developer game company. Can the name be the same (as its a different field?) or do I have to have a separate name entirely?

Cheers,

Grady

Yes...Apple. But it's not a good idea.

They even fought it out in court and Apple computers paid a LOT of money in settlement lol