by 9999
16 replies
I am in Canada. I am wondering if I am going to open a new off-line business, when thinking what to name my business do I have to be careful not to have the same business name as anyone else in my city, Canada, US or anywhere else?

Thanks.
#business #naming
  • Profile picture of the author hanandaner
    Having the same business name as anyone else in the city is like a conventional method of attracting customers... but a distinct name with new idea of business is what the trend for fast money !
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  • Profile picture of the author danielkanuck
    I wouldn't test it. Come up with a unique business name, and focus on marketing. The more customers you get, the more they will return for more, and will bring their friends also. And the word will spread. This is how your business will get brand awareness... even though you're doing direct response marketing.
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  • Profile picture of the author iamchrisgreen
    "Mountie Marketing" ??
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  • Profile picture of the author JakeSmithOZ
    Something unique would be ideal, success would depend on your campaigns and strategy
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    • Profile picture of the author 9999
      I have a few unique business names but I search them on google and it appears that someone has already thought of them, not in my local market though.

      Wondering if it is ok to go ahead and register the name or could I open myself up to be sued? if the company name is the same as someone else's.
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  • Profile picture of the author denzing
    Prefer to have your own unique business name.
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  • Profile picture of the author MrSS
    Alright, I have read the word 'unique' so many times, but they fail to say how to create a unique business name.

    9999,
    Here is my suggestion:
    To come up with a unique business name the 1st thing you should consider is relevance. How relevant your proposed business name to what you are selling or relevance to your product? They should be related, for it'll add more TOMA (Top of Mind Awareness) to your possible client / customer. What is TOMA? It's like a trademark of your business, when people heard/ saw it, that will make them remind of your business.

    If you plan to register ahead the name you found in google, better think twice. First of course since you found them online, the possibility of been registered is high. You should coordinate with your local government handling the business aspect, ask them if your preferred business name is already registered / patent / trademarked or not, if not yet the be the 1st have it register. If yes, then formulate another one.

    In our government, it's always 1st come 1st serve. Meaning no matter how old your business is, if you didn't get it registered yet then another business having the same name already registered then they have the rights, not to the old-not-registered one.

    That's all, I hope I help you out even a little.

    Thanks,
    MrSS
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  • Profile picture of the author ephame
    Probably try your best to make it a variation of the name you have found, be creative there will be something i'm sure you'll be happy with. Don't forget to test it out in all the proper ways i.e- can you say it easily, can you explain it over the phone easily ... that sort of thing. Try to keep it simple as well, honestly if you are doing offline local marketing then perhaps just modify the name you liked to include the local area you are in as a version. All just suggestions, you will be the owner after all.
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  • Profile picture of the author ahlexis
    I don't know exactly how it is in Canada, but in the US there can be several companies with the same name, as long as the companies are located in different states or regions.

    And as long as the name does not infringe upon a trademark.

    The thing is, there is only one Microsoft. Or is there? (Go to SecretaryOfState.biz and see. Last count there were 50+. But they were all connected to that company that Bill Gates started, so they were basically the same. Or they had permission to use the name.)

    The interesting thing is, out of curiosity (and with a little time to spare) one day while at the county records location in Los Angeles I started searching for well-known company names on the computer. Yes, you can find Microsoft listed there in the Los Angeles County records, even though they are located primarily in Washington (and to a lesser degree, Nevada). How is this? Through the trademark registration.

    There is most likely a government office in your area that handles the filing of business names. There are two basic ways to file a business name in the US, and it's most likely similar in Canada. There's the "Fictitious Business Name" filing (also called a "DBA, or Doing Business As, or Trade Name), and there's the filing of a corporate entity such as an LLC, Corporation, or other legal entity. To file the corporate entities is usually a different government office than you use to file the DBAs. The DBA is usually done under your personal name and records, whereas the corporate entity is considered a separate legal person for credit and tax and business purposes. The liability of one does not always spill over to the bank account of the other with corporations and such (a good reason to file one!).

    When it comes to trademarks, what is also interesting is how the name came to be, and that can affect whether or not someone will protest a name you have chosen as sounding similar to theirs. For instance, in many parts of the world IKEA would sound like "ee Kay uh". But in the parts of the world where English is spoken it rhymes with the word "Idea". Why this matters is, someone once filed a company name of "Idea" and was planning on selling furniture. Yes, IKEA filed to protect their trademark name. And yes, IKEA won; the new company's name would have created much confusion, and that is the bottom line of what a trademark is designed to prevent.

    The thing is, if you are doing something completely different and unrelated to the business already using the name, and it's in a different part of the country from you, there is not likely to be much confusion of someone mistaking your business for that other business. But if you are in the same city, town, county, state, or region, it might create some confusion. And that might cause you some problems even if they did not file a suit, which they would be entitled to do and would probably win.

    For instance, let's say there's a sports bar called "AJ's" located in Lakeland, Florida. (Hi, Mickey! 20 minutes from Disney World.) And they've been there for years. If you are located in Anaheim, California (say "hello" to Mickey Mouse @ Disneyland, everybody!) and start a plumbing service and you call it "AJ's", chances are you are not going to have anybody seeking you out in California looking to drink while watching the game! (Although I HAVE heard of people watching TV while on the "throne" it's not likely they'll call you about it!) And since there is not likely a chance of confusion, then both businesses can go on using the same business name. This happens all the time. And in a lot of cases nobody sues anybody or even complains about it.

    But if you are building an SEO company and there is a web design company using the name you want to use, chances are you will have a conflict there as you are possibly both doing the same kind of work and might cause some confusion as to which company is which.
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  • Profile picture of the author ahlexis
    For the practical advice, I like to pick a name that is different and does not directly name what it is the business does in the name.

    Just hearing the word "Google" only means search engine now because of branding, not because that's what the word implies. Or "Yahoo", or "Vonage" or "Seagate". And besides, what exactly is a "Droid" anyway?! (Answer, it's whatever the marketing and advertising SAYS it is!)

    The beauty of a business name that is intentionally not descriptive is that it gives you flexibility in what you do with it, instead of pigeon-holing potential customers' expectations of you before you get a chance to make your first impression. You may start down one path and then your customers may require a different service that leads you down a different path and to a more profitable business model than what you start out with. (And the one time I didn't follow this rule and actually put what the company was going to do in the business name I ended up regretting it to almost no end...)
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  • Profile picture of the author Ant Marshall
    Choosing the right name for your business can be hard.

    But it can be easy too.

    The key is... Don't get too wrapped up in the idea of the business name. It will almost certainly take up time you should be using to prepare for your launch. Instead, get the priorities done first. Then when your business is ready to have the big red launch button pressed and the fireworks to go pop!.. then you can name your business. You will find it much easier because you will be able to see what your business really is.

    If you name your business now, then get your model done, you may find the name doesn't suit it after all. Focus on the output, not the name.
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  • Profile picture of the author komplex
    Banned
    Just create a unique name that suits your company, don't copy or change someone else. Check with the trademark/copyright office and see if your name is taken or not. Also when filing for a Tax ID #, you can find out that way as well if you ask correctly. Also name infringement doesn't really apply to other overseas countries but I'm sure USA/Canada work together on that one.

    Also, your business name doesn't have to be perfect, look at something like Apple, they made computers not fruit and look how well they are doing. It's not all about the business name, it's about how you present your company.
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  • Profile picture of the author Wisdom Raphael
    Choose a unique name. Best to go for one that is a compromise between a name that describes your business and the naming trend in your particular industry.
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  • Profile picture of the author ButterflyGarden
    This is a great article about - How to Select a Company or Product Name - How to Select a Company or Product Name

    The article has some good advice on how to research names, and what to becareful of.

    Here are some tips on selecting a domain name Choose A Domain

    Should get you started!
    Best of luck
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  • Profile picture of the author RussellRead
    The name does not matter.. There are companies with weird names and they rock and make a ton of money. What matters is the people running the company. So just pick a name and go.
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  • Profile picture of the author vpunch
    I agree with Hanandaner, give yourself the creative edge that other business names don't.
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