Companies names
- Started
- Last post
- 9 Responses
- nephronim
We were going to launch our startup when we got an email from a company that has the same name but the .com domain of the name we picked we used a .rs domain breaking the name in two. They informed us that they have an EU trademark for the name and told us we cannot trade under said name. We still have the .rs domain though.
SInce we are not in the same sector of business is there any way around this? Or do we need to go back to the drawing board on a fundamental item like naming the business?
I don't want to say the name of the business.
- Continuity0
You're in A'dam? Best chat with the KvK about this, or an IP/trademark lawyer.
- Also, ask them to pony up the paperwork proving they've got the TM for Europe.Continuity
- dbloc0
tons of companies with same names. As long as it's no compete I don't see a problem. I didn't go to law school though.
- numbers0
In the U.S. at least, you can use the same name as long as you are in a different industry. i.e., Dove soap and Dove chocolates.
- waterhouse0
Unless you named your company Apple, hire counsel to respond on your behalf.
- Melanie0
If you're not in the same industry/market you're able to use the name. When you go to trademark it though, they'll try to put a stop to it if they can prove that there is any overlap in your product and theirs.
That's what my lawyer told me when I got my trademark.
- beautiful0
You probably will have to find a new name.
They will have a word mark registered over different classes and they have no choice but to follow it through. Going against them only makes sense if you have a case (registered mark or an application at least) and if you have the money to pay the lawyers for those couple of years it will take to resolve the issue. As a startup you probably haven´t invested much in the name yet, advertising/branding/pr/etc., so new naming is faster, cheaper, better.
We once did 2 costly rounds of litigation over a name that wasn´t even the same (only 2 syllables out of 4 were the same, completely different meaning + sound), and the other guys were in a completely different sector. in the end they had the deeper pockets, so they got their way...
- raf0
Tell us what sort of service it is, we'll find you a new name in a jiffy.
- qoob0
Yeah we are naming experts here on QBN
- nephronim0
Well we have invested time and money in the branding of the application but since its a b2b platform and that other company is based on financing seed stage business i thought we could argue our point. I'm not sure we want to being this to litigation.