HELP! - Business Has Overlapping Name

I started a company this past summer and registered it as a sole proprietorship. Just recently, an aquaintence pointed out that there is another company in HK with the same name as my company. I did not have any legal help when I started my company because I'm essentially doing free-lance work. Just went to Revenue Tower and reistered for the business license. My business is in a bit different line of business than the other business--one is PR company and the other is advertising company.


Can anyone tell me if there is going to be big problems for me? If so, what should I do? I am really stressed because I have a number of clients already, printed up cards, registered an email address and have a semi-finished website.


Does it help if the name of my company is all caps (like an acronym) and the other company is not all caps?


Help please?!

They didn't tell me this when I registered my business. I just went to Revenue Tower, 4/F, filled out the form with my company name on it, then i picked up the license a several days later. Nobody said anything throughout this process. Did you go through the same process or do something different?

In Hong Kong, your business registration is with the Inland Revenue Department and someone else can register a limited company by the same name with the Companies Registrar. If you use your name to promote your business, you can register your trademark with the Trade Mark Registry of the Intellectual Property Department. There are three separate computer systems and they do not cross reference with each other.


The problem is not really a legal problem but a commercial one. You don't want your clients to go to the other company thinking is is you.

Do you due diligence beforehand.


Just because Revenue Department will allow you to register a business name, does not mean you are legally entitled to use it, contrary to common belief.


Further, even if the IPD allows you register you business name as a Trade Mark in a particular class, although somenoe else may have a same or similar mark registered in another class, that still does not mean you can freely use that mark.


Also, even if trading with an unregistered mark, someone can take an action against you under tort.


At least do some searching on more than just companies register and IPD prior to considering trading under a particular name.