The name is spelled differently for example yahoo :vs: yiho....any suggestions...I noticed that oprah has a magazine called "O" then the oxygen network uses the same phrase then there's a website that uses it too, isn't that wrong or not ???
2006-06-26 08:18:44 · 13 answers · asked by wannaknow 3 in Business & Finance ➔ Small Business
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bebe ;vs: beibei
2006-06-26 09:03:08 · update #1
if the names are the same, you will see inc., ltd, etc. simular spelling is allowed as it sounds the same, but spelled differantly. just as in computer talk, u is you. sounds the same, but spelled differant. in our state there are two orphanages. one is the childrens home, the other is the chilrens house. if the state of corporations in your state says the name is taken, ask to speak to a supervisor as that the spelling is differant. if not and you use it, you could and will get sued and costs to change to another name is alot. if you get a small office attorney for a small fee to research it and if they tell you its ok, then the liablity lies with the attorney if something comes up. many attorneys have a price of 150.00 to inc. and it includes everything. by inc., you protect yourself and your assests. as a owner, you can lose everything, but as a corporation, you can dump it and your personal is protected. plus you can be everything under a corp. ceo, sec., tres, etc.
2006-06-26 08:34:12 · answer #1 · answered by hollywood71@verizon.net 5 · 0⤊ 0⤋
Oprah owns all of that. That's why it's all the same.
Whether or not you can get away with something like "yiho" depends on how big the name is you're trying to steal. For example, you'll never get away with Cover Gyrl, but if it's a small company, you can try. However, they may decide to make you spend a lot of money in court anyway.
I'd suggest simply finding a name that hasn't been used.
2006-06-26 15:21:27 · answer #2 · answered by FozzieBear 7 · 0⤊ 0⤋
You may use the same name as long as it is not in the same field/product. For example you may use the name Bram. Thre is a Bram towing company and a Bram taxi company but because one is in the tow business and the other one is in the carrier business there is no problem. But if the towing business opened a taxi business under the same name, then there is a legal problem. Do a name search, using the governement computers, when registering your named company. It will show wehter or not a company in the same field has the name you chose. Good luck with your company.
2006-06-26 15:29:38 · answer #3 · answered by wondering 4 · 0⤊ 0⤋
Yes you can still use it as long as it is different
Example: Frog's Shoe Repair - is already taken
Frawg's Shoe Repairs - just change a few letters
It's not wrong and the law will not allow 2 businesses the same exact name. You can't use their slogans/advertising or anything that they have a trademark or patent on.
2006-06-26 15:25:09 · answer #4 · answered by angei0809 3 · 0⤊ 0⤋
If it's close enough, the original company could get a judge to order a cease and desist order AND take your profits.
For instance, if you were marketing a vehicle called Tyoda. Just hand over the check to Toyoda.
2006-06-26 15:22:04 · answer #5 · answered by bequalming 5 · 0⤊ 0⤋
The more original your name, the less confusion for your clients. And the fewer times they'll go to the other site. My mom started Epiphany Creations (Cosmetics) and this guy had Epiphany Creations (Movies). She kept getting people asking for quotes on stock footage!
2006-06-26 15:23:17 · answer #6 · answered by Ananke402 5 · 0⤊ 0⤋
"Likelihood of confusion" is the standard. Simply spelling it differently or phonetically won't do it, even if they don't have a registered trademark. Common law prevails.
I've been trough this with my own business.
2006-06-26 15:27:55 · answer #7 · answered by Oh Boy! 5 · 0⤊ 0⤋
Your best bet is to come up with something orginal. You don't want people to think your product is a cheap knock off or imitator do you? People won't see your concept/product as unique and this will probably hurt you.
2006-06-26 15:23:00 · answer #8 · answered by Nate 4 · 0⤊ 0⤋
No its fine, you just need to request a hold on the name with the Secretary of your state, they will let you know if you can use it or not, and it will be certified! Good luck!
2006-06-26 15:22:36 · answer #9 · answered by assytee 2 · 0⤊ 0⤋
Is the name you chose registered in your state? These are state specific. If it is not registered in your state you can register it.
If it is registered, pick a different name. Similar spellings are ok.
2006-06-26 15:27:03 · answer #10 · answered by RDHamm 4 · 0⤊ 0⤋