Someone has started to use my business name in a different state!

[Chippy rain]

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Hi everyone,
hoping you can help. Im in the construction industry and just recently noticed a business in a different state has started to use my exact business name. Was completly shocked at the audacity and disappointing to see but here we are.
I havent contacted them yet as i want to weigh up my options and put myself in a strong position.
Some facts:
My name is registered with asic, theirs is not.
My abn shows my business name trading since 2014, they are not registered.

Can i resolve this situation based purelp on this or do I have to take more actions to protect myself, i.e. register my name as a trademark?

Any help would be greatly appreciated

[flyme2dmoon]

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Is the other business also in the same field or industry?

[Tom Valcanis]

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I’m not sure what you can do in terms of trademark, but I can advise you when it comes to domain names.

There is no hierarchy of rights when it comes to .com.au and .net.au domain names – if this person registers your business name’s domain name first, he gets to keep it. He can also keep it under the close and substantial connection rule. So if you’re Chippy Rain Trades P/L and he registers chippyraintrades.com.au, he keeps it no questions asked.

Doesn’t matter if you were first; if you snoozed, you lost.

If you are afraid of losing your business name recognition to this company, I would snap up eligible domain names as soon as possible. (You’ll also need to have a website connected to it, as you can also lose it for domain squatting if someone complains.)

I sell words because my words sell. Copywriter at I Sell Words - 0417120749

[DrGear]

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If you haven’t registered it as a trademark, it’s fair game.

From business.gov.au

Protecting your business name
A registered business name does not give you exclusive rights to the name. If you want to have exclusive rights and stop others using your business name, apply for a trade mark.

A trade mark gives you exclusive trading, branding or ownership rights over your business name. If you think your business would benefit from a trade mark, head to IP Australia’s trade mark page to find out more.

So even if you have registered your name with ASIC, it doesn’t grant you any exclusivity over the name.

[Compex]

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Registering your trademark can help you safeguard your brand and business name. Trademarks both identify your company as the source of specific goods and provide some legal protection for your branding elements against misuse by others. It doesn’t mean that you alone have the right to use a specific word or phrase that’s included in your trademark. Others can also use that trademark element, whether it’s a logo or text, as long as it’s not used in the same context.

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