Should I change my shop name?

[Former_Member]

When I started my shop a year and a half ago, I thought I had picked a pretty original name. I searched facebook, etsy, and google, and my shop name had not been taken by anyone that came up on searches.
I've been thinking about creating my own website, and this morning discovered that there's a freelance graphic designer using the same business name as me!

I should probably change my shop name because of this to prevent future problems, right? I was thinking MandarrCreations for my new name, since Mandarr was a nickname I acquired in my first year of university, and that's what my 9 year old sister still calls me. Thoughts?

[Former_Member]

Anyone?

[hydeandstitched]

What future problems are you worried about running into? From the looks of that website I wouldn't be too worried about any legal issues.

[KilnMasterPottery]

If you have been doing business under that name for a while then check if the other place had the name registered. Otherwise if you are found of it stick with it, register it. There are different domains so there could be room for both of you.
However in light of the latest test here on Etsy where they are suggesting at the bottom of search results stores which are selling the type of item one was searching for, I wonder if one should now in addition to descriptive titles also have descriptive shop name.

[Former_Member]

Brandon - I don't know how to find out if they are registered. But if we're in different countries (which we are), can we both be registered without problems?

[Former_Member]

I would maybe try on google and search for a National Business register where you can search for all exsisting business names.

We have one in the UK so there may be one for canada.

I would have thought you can share the name over the different companies.... the only trouble you would have is if the company was as big as McDonalds or any other MASSIVE brand out there

[hydeandstitched]

I agree with Claire, and judging from the quality of that website, I doubt there would ever be any conflict. I know in the US, company names (specifically DBA) only need to be unique within a state by state basis.

If you are content with OrangeOval, and are ok with coming up with a slightly different domain name, then keep it. If not change away!

Also, I'm no international law specialist, so this advice may not be sound!

[Former_Member]

Thanks everyone! Hopefully it will be okay - I was going to register my business sometime in the next couple weeks, and before you register in Canada, they search for other businesses with the same name. I'm not sure if that search includes small businesses in the US or not, but I'm hoping I won't have to change.
I would do the search now, but it costs almost half as much as the business registration, so I'm thinking I might as well just do both at the same time.

[hydeandstitched]

I highly, highly, highly, HIGHLY doubt that freelancer has registered even with MA. I checked out Mass.gov but can't find their business search tool. If a company was serious about their name, they would at least include copyright information somewhere on the page.

[Former_Member]

Wouldn't matter if this company has his/her name registered or not. If he/she catches wind that there's another company on the rise using the same name, he/she can then attempt to register the name and then it would boil down to who's been using the name the longest.

Also, I wouldn't want to focus my SEO and branding efforts on a name that could end up sending traffic to someone else.

Personally, I would change the name and trademark the new name chosen. Just attach the ™ symbol to everything you're using your brand on. A trademark can be used without ever officially registering it or until you've finished with the process of registering it. Once you've registered the trademark, it would become a Registered Trademark and you can use the ® symbol. (You'll also get a lot more protection than with a normal Trademark.)

[Former_Member]

I just did some research and apparently for it to be an issue, they MUST have a trademark registered in Canada - which they don't.