Business name query

[rsshep]

I'm a software developer thinking of pursuing a sideline, I have a business name in mind, but I'm trying to make sure that there wouldn't be any legal implications for using the brand name.

Let's say you're a web developer and you build websites on behalf of marketing agencies using a particular open source content management system, in this example, lets the content management system 'Soup'. You want to call your business 'Suup'.

Given that the name of the CMS is trademarked, could there be legal implications for using 'Suup' as a brand name?

 

[Hughj11]

So without actually giving advice on how similar the names are, when it comes to trademark infringement, one of the assessments is the "Likelihood of confusion", which will take into account how similar the names are visually, aurally and conceptually.

This is then assessed against how similar the goods and services are, if they're in the same market, there will be a higher degree of similarity. In other words, if the relevant public (those who would come across the brand) would potentially think there is a commercial link between the two brands (be it a subsidiary, partnership, marketing technique, etc,).

If there is found to be a likelihood of confusion, then there could be infringement which would bring around a lot of legal implications, such as damages in some cases, paying for legal fees, and the forceful rebranding of the name and destruction of any materials which have the name on and potentially transfer of any domain names/social media accounts.

It's always best to perform a clearance search (even a brief one) to ensure that you will not be infringing on any other trademarks and that your name is distinctive.

 

[Gyumri]

The fact that you already guess there is likely to be confusion or passing off answers your question! You see already that there is something to be gained by slightly changing a few letters. On the other hand if you were to choose a word which looks entirely different but sounds the same on pronunciation that would be a novel case to go before the court! Best to come up with something original for your own peace of mind.

 

[ChrisGoodfellow]

For those of you that are interested in the thread, we've written a guide to choosing a business name:

Five simple steps to choosing a winning business name

Choosing a name can be an exciting part of your business journey. It can also be frustrating – especially when you learn your “perfect” name has already been claimed. A good name is something every business needs. Not only will it help your...

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