Home – New Forums Starting your journey Trademark Confusion

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  • #966821
    BellaChic
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    I am currently developing a business plan for an online store, and am stuck at the name. I had one that I loved, I checked that it isn’t a registered business name and the domain is available. Cue excitement.

    However after doing an ATMOSS search I found that a very similar name has been ‘trademarked’ – basically it is my business name but trademarked as the whole domain name and an ‘s’ added to make it plural. I have checked the domain and it is registered but nothing has been loaded on there, and this trademark application was completed over 12 months ago (and started 12 months before that).

    I LOVE this name and it says everything I want to convey, but am I just setting myself up for grief further down the track if I go ahead and use it? Should I just suck it up and think of a new one?

    #1021275
    Accounts Studio
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    Hi
    I would be talking to a trademark lawyer about this – I think there is one on the forums who might be able to help. The whole area of trademarking is quite a minefield so would suggest you get professional advice.
    Good luck and let us know how you go.

    #1021276
    work4me
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    Hi BellaChic,

    Trademarks are a very complicated field but if somebody has trademarked a name, it doesn’t mean you can’t use it too, as long as it is not in the same industry. This is why you can get Quicksmart prams and Quicksmart Exhausts etc.

    The best thing to do is to consult a trademark lawyer but the cheapest is to go ahead and submit a request to register the name. It is not all that expensive and IP Australia will come back to you reasonably quickly to let you know if it is registrable or not.

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