Advice Please

[vintagewriter]

I registered my business name (Perfectly Organised) and had the website built over a year ago with the intention of giving it my full attention once I'd finished working on other projects.

I was about to re-register the name this afternoon while surfing the net looking for other stuff, and I came across a business in County Durham with the same name as mine, doing exactly the same thing - lifestyle management. They've bought the domain names perfectlyorganised.co.uk and dot com but haven't registered their business with companies house or the business register. Their website wasn't around when I originally registered.

Feedback on what to do would appreciated - I know there will be a lot of people who, when trying to remember my web address, forget the hyphen (www.perfectly-organised.co.uk) which will mean them being taken to the County Durham website.

What would you suggest? I can only think of two options:

1. Change the business name.
2. Register the business, either as a sole trader or limited company, and hope for the best regards people remembering the address. Then contact the other person and point out that they're 'passing-off' my name.

Any other suggestions? I'm not worried about them taking potential clients as they're focusing their efforts on the County Durham/Yorkshire area, whereas I'm concentrating my efforts on the whole of the UK. But I want to elimiinate any potential hassle from the start.

[Claire B]

Hi Helen, who did you register your business name with

National Business Registry? or do you own the trademark?

regards

Claire

[vintagewriter]

I registered with National Business Register. I need to re-register as it's lapsed but the other business hasn't registered with them. They've just built a website and called themselves the same name as mine.

[DuaneJackson]

I'm not sure you'd have a valid passing off claim, but I'm not qualified to comment. Have you been trading using that name?

I'd go for the first option, change the name and take all the relevant steps to protect it (Speak to Crossguard, a member here). Sounds like a lot less hassle.

[Claire B]

Helen, can I give you a quick ring?

[Claire B]

I meant to say can i pm you?, it was my mother that I was meant to ring :lol:

So anyway, I have just pm'd you and I am now about to ring my mother :oops:

[Pebble Communications]

1) You admit you are no longer registered with National Business Register. So to re-register I guess they would have to re-search for existing companies using that name and would find the other business, which is operating before you, so probably wouldn't re-register you.
2) In any case, the National Business Register is a commercial company not any sort of official registration 'thing' - not like trademarking. They will just take on a 'passing off' case for you.
3) They do not get involved in domain name disputes.

My advice would be to find another name and this time make sure you buy all the domains for it!

[VeryMark]

The National Business Register is a private register which gives you no statutory legal protection.

Registration on a private register is usually a complete waste of money, it means nothing.

Registration of a limited company name also gives you no legal protection

Trade mark registration gives you nationwide protection under the Trade Marks Act 1994 at a basic cost of around £500 for ten years protection including our fees and the official fees, exluding VAT.

However, to be registrable a name has to be recognisable as a trade mark and not ordinary use of the English language.

It is possible that the name 'Perfectly Organised' might thus be difficult to register as a trade mark.

You might therefore wish to consider adopting another name instead.

Our free guide to Trade Marks, Brand Protection & Related Design and Copright can be downloaded from http://www.crossguard.info/new/downloads/crossguardvirtualbrochure.exe

[fastfences]

Hi Helen,
Whilst I can't contribute further to the above posts, your dilemma does amplify the need to cover our butts and purchase as amny variations of our domain name as possible. Your 'opposition' namesake may not have chosen 'their' name based upon yours, but it does highlight the difficulties when domain names are there for the taking.
Cheers, Nigel

[cqueen]

I think I would just change the name of your company. Mainly for the reason of miss typing the web address and they get your customers.

If I'm right in thinking you havn't started the business yet, you might aswell just think up an equally creative new name.

I had a similar problem earlier when someone was advertising in our local area using my business name, it was soon sorted out though.

[VeryMark]

I agree with both of the above - and one of the things we've come across several times is somebody registering variations of your domain name and linking it to their website. One firm had done it to all their competitors!