New Here...Business Name question HELP

[Annie]

Hi fellow Soap Makers!

OK here's my question:
I have been making Soap for some time now but usually just for family and friends and have now just wanted to start selling them. The Name that I have been using I just found out is taken. Said person/Business name is on Etsy and is related to Soaps. :cry: They only have an Etsy site and do not have a standard website....I even checked that said business name is available on godaddy. I also checked the US Trademark office and though there are a couple companies on their with said business name...each of those have nothing to do with Soaps and Candles.

Said Etsy shop has similar packaging but not exactly the same...heck I am even willing to completly revamp my packaging, etc...

My question is: What should I do? :?:

 

[Bukawww]

Get a new name

I know how hard it is and I'm sorry you have to think up a new one...it took me MONTHS and I still don't love love love my name. Others seem to dig it so its fine for now but I see a revamp in the far future.

 

[Annie]

:cry: Thanks for your reply.

 

[Sunny]

yeah I agree brainstorm a little and I'm sure you'll eventually come up with something great.

 

[Harlow]

Is 'said' etsy shop selling thousands of bars of soap? If so I might worry, if they are moving a few houndred a year I would say go ahead & use your name. They obviously don't own it. Soap makers come & go, she/he could fold in a month & then you would have changed everything for nothing.

You could 'add' to your name to set you apart. EX) if your name was SoapCottage, change it to TexasSoapCottage, or VirginiaSoapCottage, or LittleSoapCottage. That is what I did with my LLC 5 years ago. I added my state before the name which set me apart.

 

[carebear]

Harlow, I disagree - if someone is already using it, just cuz you could legally get away with using it also doesn't make it ok. That's MY opinion.

Say you have a business - it's not a big company, and the etsy sales were small. but it was something you put a lot of energy into - including designing a logo, printing labels and brochures, and maybe did have a small wholesale business. If someone then came along and started using the name... not nice. (unless, of course, it drove people to that business). Selling from your own web site can be quite expensive - not every small company can absorb that cost.

But that's just me.

 

[Acme]

Google etsy. It's a little like ebay. Can you use it ? Don't know. That's a legal question.

 

[Annie]

THANK YOU everyone for your replies. I went into Etsy again and googled the business name and several names came up with the name including some variations of that name....selling either similar products or different products. I do know that I WASN'T planning on selling on Etsy at all...so still a lit bit of a dilema. :roll: What about in that instance? Yikes..this sucks. It took me about a YEAR to come up with that name and now this....

 

[Annie]

Oh and we are in different states (if that helps)

OK just checked the Etsy site again and it shows that the last time that it was updated was in March of this year ...with NOTHING for sale.....and it shows that they are closed due to moving and says to check their blog for updates.....I checked that blog and it is not even up and running anymore.....could THIS be a good sign?????????? Please oh please oh please

 

[Harlow]

Harlow, I disagree - if someone is already using it, just cuz you could legally get away with using it also doesn't make it ok. That's MY opinion.

Say you have a business - it's not a big company, and the etsy sales were small. but it was something you put a lot of energy into - including designing a logo, printing labels and brochures, and maybe did have a small wholesale business. If someone then came along and started using the name... not nice. (unless, of course, it drove people to that business). Selling from your own web site can be quite expensive - not every small company can absorb that cost.

But that's just me.

I was suggesting she look into the size of the company to see if it was a company or a passing hobby. Etsy sales were just a starting point. If we Xed out every name used by anyone, anywhere, there would be nothing left. All the names on etsy, ebay, artfire, church craft shows, etc. Many of those names are used for 1 or 2 shows or a month or two here or there.

I think someone serious about having a busniess is going to own their name and take proper steps to cover themselves.

I believe the OP said she had already been using the name, which makes a difference too.

 

[Annie]

Did more research again

Location of this Co.: North Carolina

Artfire: No listings for this Co
Ebay: No Listings for this co.

Etsy: Opened Store Jan. 09'
Total Sales...2826
No items for sale
No activity since March of this year
"Away Message" states moving and to check their blog for updates....I checked blog and it is not active


www. website for the company name IS AVAILABLE. I know that is a cost that some co's dont want to spend but I know that I would snatch it up if doing a business.

There is no Trademark on Company.

I know that if I knew than what I know now...I would have done whatever I could to protect my name...but when I started making my stuff for family and friends...I NEVER thought that I would ever want to sell my stuff....now I wanted to actually trademark the name, get the website, etc. :cry: :roll:

I have had a business name stoled from me before and I know that it sucks. :twisted:

Annie

 

[Harlow]

That's a lot of sales in 1 arena for a year. Sounds like more than a hobby. Wonder where they went & if they plan to come back?

 

[Annie]

Just spent an hour or so on the phone with our family attorney and he says:

LEGALLY I CAN use the name because it it not registered, Trademarked or anything like that and they are only selling on Etsy. He stated that there could be hard feelings etc if I would ever decide to sell on there though. (Understandable so).

I know what it is like to have a name stolen from me and I was BEYOND mad and even though I would not be stealing the business name...especially since I have been using that name for a LONG time now....I have decided to just brainstorm another name and just start from scratch with packaging, etc. :cry: This way, I know that I wont be stepping on toes! :mrgreen: Besides...I like to be unique and have everything that I do, etc. be known that I do it and not have anyone get me mixed up with anyone else. I will deff be snagging up the www, trademark etc once I brainstorm a name and logo!

Now, with that being said....thank you again EVERYONE who replied to my question regarding this. I am sure that I will have many more questions.

 

[Sunny]

I remember reading a teeny tiny bit about trademarks, does that involve a pretty large fee? and do you have to renew it yearly?

putting this on my list of stuff to read about when I get bored...

 

[Annie]

Without Going to the website again...I BELIEVE its $375??? Correct me if I'm wrong. Any yearly fee, I do not remember off the top of my head either.

 

[DSC]

Annie

If you're looking at starting a business, then go with the company name that you feel you can promote the best - that might be another name altogether, or it might be the original one you had in mind. If you can't say your company name without conviction, everything else becomes difficult...

As for packaging and branding - I would base it on a consumer centric model personally - who are your initial markets, secondary markets and expansion markets and what will they expect and so forth... (That might also assist you will making that final call on your company name!)

Hope you have fun along the way whatever you decide.

Cheers

Paul

 

[TJ]

I know the shop you are talking about taking the name of. It has to do with an Alice In Wonderland theme right?
I guess whoever tradmarks it first gets it first though... but I will still feel bad for the woman that owns the Etsy shop you are referring to. She has worked extremely hard to build up her business and her soaps are amazing. But I'm not saying yours aren't amazing or that you didn't work hard. It just sucks a lot when you want the same name as someone else. I know how that feels.

 

[NurturedBellyDoula]

I wouldn't take the name. You should just get a new one. Maybe they are planning on opening their website soon. You just never know.

 

[timley]

I feel you have to consider the fact that sharing the same name with another company on line may cross traffic from your would be customer who could possibly end up on the other site when actually trying to get to you. :cry:

 

[Lindy]

Personally I think you should come up with your name. Just because you can "legally" take the name it does make it right. Instead of trying to compete on name why not come up with something that is uniquely you, that represents who you are and where you are so that you can stand out in the crowd.

Of course that is only my opinion.....