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  • #994860
    d3mad
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    Further to my previous thread about grammar in business names, I want to address a slightly different issue being similar “sounding” names. Again, this isn’t a trademark question but just in relation to business name registration.

    We wish to use my wife’s name in the business name since it’s predominantly based around her and people know her by name and to include it brings a sense of homeliness, loyalty, friendship etc.

    In searching I have found a christian name in the same cuisine that is somewhat homophonically/phonetically similar, ie spelled completely different (and not such that “jon” vs “john” but more “quay” vs “key”). I should note that to the English speaker the names could sound similar, but are actually aspirated differently and within their culture they are in fact quite different (the fact is, if you talked to them and said “this” word sounds like “that” word, they would laugh at you in much the same way we would discern the difference between “beat” and “peat”).

    Given this is a business name only and the spelling is quite different and separated by several hundreds of kilometres (it is within the same state, NSW) is this a “safe” name to register?

    #1198808
    JacquiPryor
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    ASIC will likely allow the proposed business name. As you have noted this is not a trademark question, and the ‘similar sounding’ names would tend to be dealt with under Trademark matters and not by ASIC in the registration of a business a name. They mostly care (in simple terms) that there is enough difference that other people (such as consumers) are able to locate the ‘right’ business if ever needed and obtain relevant owner information.

    Whether it’s “safe” to register does come back to the trademark side of things though rather than business name registration so please bear that in mind.

    #1198809
    d3mad
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    Excellent, thank you for both of your answers

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