If you find a similar or identical name has already been registered, all is not lost.
If the name is registered as a limited company name, check whether the company is dormant or not. If it is, the name may not be in commercial use. If it has never been used, you can start using it, irrespective of the registration - but always take advice before ignoring a registered name.
If the name is registered as a trade mark there are various ways you can get around this depending on the circumstances. We can give you further advice on this.
If a domain name does not resolve to a website, and is not being used in an email address, it has probably been registered as a protective measure. The owner may be prepared to sell you the name. You may also be able to use a very similar domain name provided that it will not lead to confusion between your business, brand or product and those of the owner of the similar domain name.
Many businesses simply approach the name owner, but be careful! Always take advice before approaching the owner of a name. If you are a large or well-known business, that's an immediate incentive to the other side to put the price up. We can act as your intermediary in negotiations, and keep your identity secret if that improves your negotiating position.
When negotiating, you'll invariably find that the other side has just spent large sums on advertising, stationery, repainting vans, etc, in relation to the name you want. Should you compensate them for these? You need to know the tricks of the trade, to spot and challenge dubious claims successfully. Name disputes require judgment and experience - we can help you decide on the action to take.
We hope the above information gives you a good start - but when you're ready to get serious about your name, contact us for help and advice.
