I want to use a business name in UK which is not registered as a trademark, but is in use in a shop in USA ? -

I thought of a great name, but unfortunately discovered another shop in the same industry as mine is using it. The name is definately not a registered trademark in UK but the shop has been featured in magazines in America. The name is more relevant to my business model than theirs. What are the legal and business implications of using the same name?

as long as you aren t incorporating it or advertising multi nationally, you should be fine. the best way to figure it out is by going and trying to open a business in that name. they ll probably pull it up on a computer and say whether you can or cant use it i have no idea how to start a business in UK but here, they make you search a database to see if the name is used or not.. if it is you can t use it... if not, then you can.. BUT.. that search is for COUNTY only.. not state... and it only matters for sole proprietors .. NOT corporations... corporations have a seperate search... you should be fine. if you re going to have a small shop somewhere it shouldn t matter. if you are starting a magazine that will be read by americans then NO..