Hardcore Biker
hello guys n gals, i am just wondering if any of you good people could point me in the right direction and tell me were/how to find out if a name that i want to use for a bar/cafe is allready in use or not!
ta muchly, lee
ps; i will be on your shores in less than 4 weeks
Forum whore
Everything you need for company stuff is here
Originally Posted by skidmark
Sir Cumference
Yep, very useful site. Click on search the register, and enter the name you're contemplating, it will tell you if it's in use.
No 10K fanfare Ixion? Congrats anyway....
Can I believe the magic of your size... (The Shirelles)
The Loose Goose
Also check IPONZ's site - www.iponz.govt.nz - to see if the name has been trade marked. I have my business name trade marked and that stops anyone else using the name - but I didn't have to set up a company to do so.
However, be advised that the companies register and the trade mark register are not foolproof. If you want to be SURE the name is not currently being used, has not been used in the past and is available to be used in the future, you would need to pay for a search - the last one cost me about $800 plus GST but it saved a potential lawsuit!
Yes, I am pedantic about spelling and grammar so get used to it!
BINGO!
If you want to do it properly, approach your lawyer and invest the time and money into doing it right the first time.
I've been involved with many businesses, fortunately none of my own, whom have had trade mark/copy right/etc problems for the most stupidist of things! I remember one comany used checkers on their logo in a similar, but not the same fashion to another company in the same industry.
A court decided they had to remove the checkers.
That really sucks when you have a fleet of 10 + cars sign written with that logo, along with business cards, stationary, web site, uniforms, etc.
Hardcore Biker
wow another quick response!!!
i have had a quick look through both the sites you linked me to, and i have searched for the name that i want and it doesnt appear to be used and is copy right free!!!
so i will check it out with a solicitor aswell just to be on the safe side!!!
as allways some very good advice from you all so thankyou!!!
watch this space for more details over the next couple of months
Ta
When I started my business, I used the companies website, it's a cunt of a site for non geek to navagate, but it's all there.
The Loose Goose
Damn good idea, as just because YOU didn't find it, doesn't mean the name is not there. And don't forget about 'sound-alike' names, which are not able to be registered. When considering company names I decided on Write Words and didn't find anything on a preliminary search. However the patent attorney found Right Works, so that name was not registrable.
Also, another trap you have to be aware of is the fact that someone may be using the name but not have a company or have the name trade marked. I had been using my previous business name for three years when someone else came along and started using it. They were able to register it and trade mark it because my accountant had told me the risk of anyone else using that name was incredibly slight! When I found out about them, it was too late to register an objection to their use of the name, so I had to hire a patent attorney and threaten them with legal action. We ended up settling out of court (I sold the name to them), but if I had been nasty (and rich...!) and taken it to court, it is extremely likely they would have lost and I could have forced them to stop using the name and pay my costs - which could have been anywhere between $20,000 and $100,000.
Which is why it is imperitive you hire a patent attorney or other lawyer specialising in this field and do it right the first time. It may cost you a bit now, but at least you will know that you can protect the name you want and you won't be sued by someone else who has been quietly using the name for many years. There was a thread on Trade Me about the same thing - someone liked a particular name for their business and despite the fact the name was currently being used on a website unrelated to the type of business this person wanted to operate, they planned to go ahead. I alerted the person who owned the website and they took immediate action to trade mark the name to prevent it being used by anyone else.
If I'd got good advice five years ago, I would have spent about $1000 but I would have saved myself a further $7000 down the track!
Yes, I am pedantic about spelling and grammar so get used to it!
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