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  • Using a similar name to an unregistered business in another country

    updated 11 months, 1 week ago 0 Member · 1 Post
  • Katie

    Member
    October 26, 2021 at 8:23 pm

    I live in Australia and I’m currently in the process of starting my own business. In Australia the name is available to be registered as a business and also to trademark. It was also an available username on social media. I thought I’d found the perfect name until I found a US business on instagram who basically has the same name (they added “store” to the end of their name) and sells the same type of products I will be selling. They started their business two years ago but their account only has a few hundred followers and they don‘t post very often. For example their last post was in August and the post before that was literally a year ago. I did some research and it looks like they haven’t registered their business or trademarked their name in the US. I also checked WIPO and the only similar trademark is from a brand in Korea selling something completely different to what I will be selling. So my question is, since this US brand is unregistered and not very active, can I go ahead and use the name without any legal trouble? – by /hq/No_Serve3277 – –

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