Small business name

[JonoBoy]

Hi

I am starting up a small business (Sole Trader) with the intention of using the name "Career Point". However, searching the NZ companies database I found their is a company listed as "Career Point NZ Limited"

Does anyone know whether I am able to use the foresaid name without creating some legal problem for myself?

Cheers
Jono

[CJ]

Depends. What do they do and what do you do. if you are in the same or similar industry, there could be issues.

Go to 2degrees.co.nz - is that who you expected to go to??

The company doesn't exist on Google so that might not be an issue. Note that the Dept of Labour also seems to use the term.

However, consider expansion. Why are you not incorporating now (I am not recommending that you do- it may not be suitable)? Could that change in the future though. If so, you may need to change your name as the Companies office might not accept such a similar name - so unless you want to be 'Jonoboy Ltd trading as Career Point', you may want to choose something as.

[JonoBoy]

Good point about finding a more specific name. Back to the books..

[Ivan McIntosh]

You will definitely create a legal problem for yourself if you're in the same or similar industry...and the nature of the name suggests a conflict is on the cards.

Had a quick look in the companies office and then googled director names and addresses and didn't come up with anything.....and they haven't filed their 2010 annual return which was due in March. The Companies Office indicates they will soon start proceedings to strike them off the register so perhaps it is going defunct?

If you really want the name, it might soon be available...however it is not that hard for them to restore the company to the register in future if they wish, whereupon you are back at square one, but at least you would have registered "first" while they were struck off.

All in all, I suspect you are better off thinking of another name.

Regards
Ivan

[JonoBoy]

Thanks for you reply. I think I'll look for a different business name.

FYI the potential conflict may have even been wider... I found out that the term "Careerpoint" is trademarked with the IP Office by a different person - would this mean that if the directors of "Career Point NZ Limited" tried to use that "Career Point" as a business name that they would be violating the owner's of the trademark?

You will definitely create a legal problem for yourself if you're in the same or similar industry...and the nature of the name suggests a conflict is on the cards.

Had a quick look in the companies office and then googled director names and addresses and didn't come up with anything.....and they haven't filed their 2010 annual return which was due in March. The Companies Office indicates they will soon start proceedings to strike them off the register so perhaps it is going defunct?

If you really want the name, it might soon be available...however it is not that hard for them to restore the company to the register in future if they wish, whereupon you are back at square one, but at least you would have registered "first" while they were struck off.

All in all, I suspect you are better off thinking of another name.

Regards
Ivan

[Ivan McIntosh]

Probably, although "name" trademarks tend to be limited to the same or similar industry.

I seem to recall some of the Dept of Labour schemes use "Careerpoint", also.

[imd6662]

As Ivan says, trademarks are definitely different, and naming will depend on whether you are in the same industry or not. It could be that simply qualifiying the cmpany name might be enough, e.g. "Career Point Coaching Limited". In my experience you can probably then just call yourself Career Point in general usage (branding etc) unless this brings you into direct conflict with a competitor, or -- perhaps more importantly -- if it creates potential confusion with another use of this term, i.e. by DoL