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  • #990407
    Mans4
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    I recently lease a place as Mechanic workshop , there is signboard for previous tenant under hes company name , I am interested to change whole design of building after a while .

    The previous tenant moved to some where else , If i don’t change the sign for a while can he complain on the Police or court ?

    There is no trademark only the company name

    Regards

    #1176773
    bb1
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    Not sure on the legalities of using his business name, but if it is registered I suspect that he can take further legal action if he wants.

    But my question is do you really want to use his or her name. Was it a succesful business or did it fail.

    If it was not succesful you have already lost customers because they just think you are him, and wont go to that business.

    Than when you decide to change over to your own name, you will have to go through the whole issue of winning over clients. etc.

    My personal opinion, unless the business was rock solid and had 100% happy clients, DONT use the old business name. And I suspect that as he has closed up shop, it may not have been a succesful business.

    #1176774
    JacquiPryor
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    Sorry to be late to respond.

    I would suggest you remove his signage and put up your own sign.

    You are required (by law) to register YOUR business name if you’re trading by a name other than your own personal name. So, if you will be promoting the same name as the previous tenant then you would need to have this registered for yourself as well. This will be difficult (or impossible) if the previous tenant still has the registration.

    There are also issues about ‘misleading and deceptive’ conduct and passing off. Even if there is no trademark in place, if the previous tenant thinks you are trying to ‘trade’ off his reputation by promoting that your business is still the same then yes, he could have grounds for legal action against you.

    Perhaps you can speak to the real estate agent or your landlord about removing the signage?

    #1176775
    ThexArm
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    I would think the old Tennent would have paid to landlord ‘make good’ expenses to bring the property back to its original condition except for wear and tear. I think it’s the landlord who should rent the premises after removing signage etc. Speak to your landlord.

    Yes as others said, using others name without permission makes your business to misleading and deceptive conduct. As such opens yourself to legal actions by ur customers. Why would you need additional headaches?

    #1176776
    MissSassy
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    Speak to a signage installer and see if they can come up with a temporary affordable solution for you to remove or cover the other signage. Get this done ASAP then once you can afford to make the charges you mentioned you can go ahead without having wasted too much money.

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