Copied Daycare Name -Should I worry?

[Spixie33]

I have named my daycare something cutesy based on the nickname I always call my own kids. I thought that would bring me good luck when I first started in 2010.

Then yesterday I saw an ad come up on facecbook for someone in our town using the same daycare name as I use.

I put my postal code into daycare bear and sure enough - we both come up with the same name for the postal code with only a few other providers between our search results. It looks like she has been in business on daycare bear for 6 months or so based on how few stars she has on her ad.

It kinds of miffs me off because it was my name and she should have searched on daycare bear what names were already taken. I searched daycare bear before naming my daycare.

I don't like the idea that if she runs a daycare with the same name and ends up getting a few disgruntled clients who bad mouth her - that it will reflect badly on me because my daycare has the same name as hers.

Do you think it's a big deal if someone would copy your name i.e Little Angels or Sunshine Childcare, etc? I am not business registered under that name but people do know me by the daycare name.

[Other Mummy]

That would irk me as well. I'm not sure you can do anything about this. I would be apt to call her and explain your situation. Maybe she would change it, but be prepared that she won't.

Is there a way you can originate your name such as "Ms. Jane's Sunshine Childcare"? This way you are keeping your original business name but differentiating it from hers?

[Polkaroo]

I agree. I would call and ask. She might surprise you and change it. She might not have thought to do a search before. Although most of us do, we never can know how others think.

If she won't, you can register your business and make it official, then she won't have a choice to change it. But beware that if she registered her business name before you did, there is nothing you can do. Hopefully that's not the case.

[mickyc]

I take it you don't have your name registered? That is the first thing I did. Contact the Companies Office near you and register your name. Yes if she has registered the name before you then you can no longer use it and it is against the law for you to continue to do so. If she hasn't registered it yet and you do so before her you can contact her and let her know that she can no longer use that name.

I had someone in our area use my name. Her ad was almost identical to mine as well. She just took mine and made a few changes. I contacted the Companies Office. They said I could make a complaint if I wanted. I decided instead to contact the daycare directly and tell her that she was using a name that was registered. She quickly took her add down.

When you register your name there is the possibility that you might not even be able to use it if it is similar to someone's business (doesn't have to be a daycare either). For example - ABC Daycare is registered and someone tries to register ABC123 Daycare will likely get rejected as they are too similar and could cause confusion.

Anyone who advertises a business and name's it should be registering their name. I don't think it was too much - $75 I think and then $40 or so every 3 years to renew it.

[nschildcare]

I would register your name before you contact her. I don't know where you are but in NS you can do it online. Simple and easy.

[Busy ECE mommy]

Yes register the name if you can and get a Business Identification Number online. I think I paid $60 for 5 years in Ontario.

[sunnydays]

If you are in Ontario, you have to register your business name if you want to use a name for your daycare. I would register your name and then you have a right to contact her and let her know that the name is taken. If neither of you have registered this name then technically neither of you can legally use the name.

[Samantha33]

I take it you don't have your name registered? That is the first thing I did. Contact the Companies Office near you and register your name. Yes if she has registered the name before you then you can no longer use it and it is against the law for you to continue to do so. If she hasn't registered it yet and you do so before her you can contact her and let her know that she can no longer use that name.

I had someone in our area use my name. Her ad was almost identical to mine as well. She just took mine and made a few changes. I contacted the Companies Office. They said I could make a complaint if I wanted. I decided instead to contact the daycare directly and tell her that she was using a name that was registered. She quickly took her add down.

When you register your name there is the possibility that you might not even be able to use it if it is similar to someone's business (doesn't have to be a daycare either). For example - ABC Daycare is registered and someone tries to register ABC123 Daycare will likely get rejected as they are too similar and could cause confusion.

Anyone who advertises a business and name's it should be registering their name. I don't think it was too much - $75 I think and then $40 or so every 3 years to renew it.

Yes, if you registered your name first and she hasn't registered hers she might not realize the legalities.