Hijacking my business name

Rigo

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Location
Australia
Just found this:

Computer Maintenance and Support Services Near You​

https://www.geeks2u.com.au › computer-maintenance


Geeks2U computer maintenance services will help your home or business IT support and maintenance. Call today 1300 820 748.

and this one:

Computer Maintenance and Support Services​

https://computertechnicians.com.au › computer-mainten...



Recurring Computer Problems? Our computer maintenance scheme will ensure your computer is running smoothly. Give us a call today.


My business name is exactly: Computer Maintenance & Support Services - What do I make of the above? or is there anything I can do about it?
Didn't know I was so popular o_O
 
To be fair, "Computer Maintenance and Support Services" is pretty generic. Phrases I found on google:

"professional computer maintenance and support services to corporate"
"offer a range of computer maintenance and support services to get you"
"Computer Maintenance and Support Services from IT Solutions"
"Our Computer Maintenance and Support Services (CMSS) is a comprehensive"
"outstanding computer maintenance and support services."

Lets make up a fake car detail business: "Car Washing and Detailing Services". I can find this wording on plenty of sites. Even someone advertising on facebook as "XXXX Car Washing and Detailing Services".

I'm not sure you can really do anything about it.
 
To be fair, "Computer Maintenance and Support Services" is pretty generic. Phrases I found on google:

"professional computer maintenance and support services to corporate"
"offer a range of computer maintenance and support services to get you"
"Computer Maintenance and Support Services from IT Solutions"
"Our Computer Maintenance and Support Services (CMSS) is a comprehensive"
"outstanding computer maintenance and support services."

Lets make up a fake car detail business: "Car Washing and Detailing Services". I can find this wording on plenty of sites. Even someone advertising on facebook as "XXXX Car Washing and Detailing Services".

I'm not sure you can really do anything about it.
This. I don't know about Aussie Trademark laws but in the United States, you wouldn't have a case. A trademark HAS to be something unique. With you know, a name? Computer Maintenance is a description, not a name. It's like if your mother named you Homo Sapien.

Now if you called it "Rigo's Computer Maintenance" you'd have a potentially trademarkable name.

I also don't know what is required to register a trademark there. In the USA you do not NEED to register a trademark to have one, but registering one makes it much easier to enforce. And trademarks are not like copyright. Trademarks are much more fluid and you can lose a trademark if you don't actively enforce your ownership of it.
 
A quick search of the asic database and I don't think you would have a leg to stand on. there is a company with Computer Maintenance Australia Pty Ltd which predates your registration in 2003 (there's is 1994). And as others have said unless you have registered a trademark they aren't doing anything wrong.
 
As others said you need to make a trade name unique to be able to have protection. Using generic terms won't work for text only.
 
Get the point, I've left myself open to getting milked with that name :p
Don't know whether it's affecting my advertising but I'm getting plenty of Google leads.
Will live with it 🙂
 
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