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Trademark Business Name

  • 31-12-2021 11:22am
    #1
    Registered Users Posts: 665 ✭✭✭


    For the purpose of this thread Im changing the names.

    Iets say theres a cleaning business called "HouseClean" and they have the name trademarked and are one of the most well known companies in their field in Ireland,

    There are a number of other well established companies that also operate in the sector using the names, "PropertyClean" "BuildingClean" "ApartmentClean" These are not trademarked,

    If I come along and set up a company under the name "HomeClean" operating in the same sector, do you think im infringing the trademark "HouseClean?



Comments

  • Registered Users Posts: 7,739 ✭✭✭mneylon


    Does the existing company operate in the same geographic area as the new business?

    Will both businesses be competing for the same clients?

    Trademarks are, in many respects, about protecting consumers from confusion.

    I'd also check what the registered trademark covers exactly - it'll be in the registration database.



  • Registered Users Posts: 665 ✭✭✭sohappy


    Yes the company operates in the same area and will be targeting the same customers, their trademark seems to cover every aspect of their product/service, I guess the question is is does my business name and their business name look too similar to the customer as we have one word within the name which is common,, i maybe as well to steer clear of it, pity because I like the name and I also have the domain name,



  • Registered Users Posts: 2,045 ✭✭✭silver2020


    Yes, name is similar and probably cause confusion and customers will think less of you too.

    There are many other names out there that will be as good and sometimes the simple ones work.

    Example - Carphone warehouse and using similar, Chemist Warehouse.


    So look at a totally different sector and see if there's a name that can be adapted to your business or look at different words with similar meaning and see if one suits.

    In above example you could have "Home Sparkle" with a tagline "deep cleaning service"



  • Registered Users Posts: 665 ✭✭✭sohappy


    Thanks Silver, very useful info



  • Registered Users Posts: 1,209 ✭✭✭monseiur


    This reminds me of the McDonald v Supermacs 'Mc' legal battle (Which Pat McDonagh of Supermacs won by the way)



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  • Registered Users Posts: 432 ✭✭Glenalla


    This company is very thorough. Extremely worthwhile contacting for advice. Trademarks can be a minefield.

    I have no affiliation with this company but have used them successfully in the past for trademarks in the USA.

    https://www.trademarkdirect.co.uk/



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