Ltd Co Q's

[mattprince]

Hi,

I am about to setup a limited company. I am going to register a company name that is generic and then have it as AAAAA ltd trading as BBBBB

How would i protect the name im trading as, as the ltd company name wont be registered as that but as AAAAA?

Also, if i decided to change the business altogether and go into something else could i just cease BBBBB and start up CCCCC whilst still keeping the ltd company name? (obviously with no debt attatched to that name)?

Matt :)

[mattprince]

Anybody know?

[mattprince]

45 views and not a single reply?!?! :|

[trilby274]

Why not register them all as Limited Companies? Your generic company could then be something in the form of XXXX Group Ltd. As long as you keep all the paperwork in order, I don't see a problem - unless you are doing a Maxwell

[SLF]

Yes, you can keep the main Ltd Co name and have as many trading names as you wish, which you can start and stop as you wish. You would need to register a trademark application to protect the trading name(s) though. You would not incorporate limited companies in order to protect a trading name as it doesnt protect it, so ignore that advice. Only a registered trademark can stop someone using the same name.

[mattprince]

Hi,

Thanks for the replies.

So for instance i could register a limited company such as D&G Ltd and then register Currys as a trademark, pc world as a treademark and so on.(obviously not them exact names :D)

Would i automatically get the trademark accepted or is it subject to approval?

Matt

[Rufford]

All intellectual property should be kept privately: practice/operational/agreements; trade name(s); trade mark(s); domain name(s); hosting etc. Best practice is then to use a limited company with pre-emption rights and trade with that company as something else, presumably the trade name or mark. That's it.

Why is because; if you have a downturn as now, you can roll the limited company and drop some liabilities at the same time as keeping the intellectual assets. Simple.

Then start again of course....

[roll on - everybody moans] :redface:

[mattprince]

All intellectual property should be kept privately: practice/operational/agreements; trade name(s); trade mark(s); domain name(s); hosting etc. Best practice is then to use a limited company with pre-emption rights and trade with that company as something else, presumably the trade name or mark. That's it.

Why is because; if you have a downturn as now, you can roll the limited company and drop some liabilities at the same time as keeping the intellectual assets. Simple.

Then start again of course....

[roll on - everybody moans] :redface:


Thanks so much for the reply but could i have that simplified a bit??

[Rufford]

Hi,

Thanks for the replies.

So for instance i could register a limited company such as D&G Ltd and then register Currys as a trademark, pc world as a treademark and so on.(obviously not them exact names :D

Would i automatically get the trademark accepted or is it subject to approval?

Matt

You'll run into being accused of 'passing off'. Large solicitor; large writ; large bill; no chance; no company :eek:

[mattprince]

I dont understand what you are saying??

[mattprince]

lol , do you mean passing off my company as the d&g group? , i was merely using them as an example as d&g own currys and pc world and that is the format i am asking about.

Matt

[Rufford]

I dont understand what you are saying??

Don't pass yourself or your company off as someone other organisation: (a) it doesn't work; (b) it could bring litigation. That's not to say you shouldn't have the same business plan though..

Friend of mine started importing and making checked caps some time ago; bit like bu*rbe&&y. He hasn't got a house now.

[accountancyextra]

Matt,

I may be missing a point, but why do you want to do this. Why not just call your limited company and your trading name the same thing? Unless you are trying to look like another business, which, like previous posters have said is passiing off and will land you with a large legal writ.

You'd be wise to speak with an accountant to dicuss youyr overall business plans. They would be able to advise you on the best overall legal structure for what you plan to do (do you already know if limited company is the best route?)

Don't enter into all this without proper thought. I've seen many people think that they can just set up companies without advice - lot's have regretted it later!

[mattprince]

Hi,

I think you all have me misunderstood....

What i am trying to say is this...

Can i have a ltd company and have the actual business name something totally different like currys and pcworld are owned by d&g.

My reason for this is i want to start my own business and have 2 totally different areas i specialise in (computers and cars) I know they are different but i have lots of experience in both.

So... i wanted to try business A out and if it didnt work out then i would go and try business B. I just wondered if i could register a ltd company named for example XXX Ltd , and then be trading as Business A , if business A wasnt working out could i just close it and then open business B under the hood of XXX ltd.

Thats what im trying to say.

Im not trying to hide who i am, pretend to be any other business , i just dont want to keep registering ltd companies willy nilly for nothing.

If it is ok , would it be a case of registering a ltd company , then trademarking business a name , and if it didnt work out , trademarking business 2 name?



Matt

[accountancyextra]

Matt,

The simple answer is yes, a limited company can have a different trading name. However, you need to make that clear to customers and the limited comapny will still be liable for any debts incurred in the computer business (eg tax), so you won't be able to just stop and start something else. You'd aslo need to consider changing/ adding sic codes at companies House.

I do think you need to seek proper professional advice about this

[Rufford]

Matt,

The simple answer is yes, a limited company can have a different trading name. However, you need to make that clear to customers and the limited comapny will still be liable for any debts incurred in the computer business (eg tax), so you won't be able to just stop and start something else. You'd aslo need to consider changing/ adding sic codes at companies House.

I do think you need to seek proper professional advice about this

accountancyextra hi,

Trying a little harder :)

If the company were to own intellectual property if may inhibit a phoenix, or at the very least you'd have to get the said property of the administrator/liquidator...

[mattprince]

accountancyextra hi,

Trying a little harder :)

If the company were to own intellectual property if may inhibit a phoenix, or at the very least you'd have to get the said property of the administrator/liquidator...


Why are you talking in code????

I dont know what intellectual property is, neither do i know what a phoenix is??

I thought this forum was about help , not talking in code. I could blind people with science in computers and say stuff that you wouldnt have a clue about , but i dont for fear of alienating you.

At least talk in layman terms..:|

[mattprince]

Matt,

The simple answer is yes, a limited company can have a different trading name. However, you need to make that clear to customers and the limited comapny will still be liable for any debts incurred in the computer business (eg tax), so you won't be able to just stop and start something else. You'd aslo need to consider changing/ adding sic codes at companies House.

I do think you need to seek proper professional advice about this


Hi,

Thanks for a clear reply. I wont have any debts associated to the ltd company as i have enough to start up with no help and would pull out way before it got that bad. I dont mind losing the amount either and would prefer to lose and have tried than to wonder. So i could setup a ltd company and trade as business A and then if it doesnt work out i just get an accountant to finalise the accounts for that trading name and then start up business B (which im almost certain will suceed but would prefer to do business A)

Would vat crossover from each business as its under the same ltd company or would it all be different?

That way if no debt attatched i could close business A and start business B up whilst keeping the good credit rating of the ltd company.

Matt

[accountancyextra]

Matt,

The VAT registration and annual accounting reuirements are for the limited company, not the "trades".

I really would advise you to spend some time with an accountant before launching into this....there really is a lot to learn!!

[mattprince]

Hi,

You are an accountant arent you?

Matt

[stugster]

If you want to set up a generic business name (ABC Limited) and trade as something else (Blah), then all you need to do is either:

a) Put the "TM" symbol on the trading logo or;
b) Register the trade mark at the patent office. Once this has been accepted, you can then use the "R" symbol.

[accountancyextra]

Hi,

You are an accountant arent you?

Matt


Yes Matt I am. I think you need to sit down with an accountant and discuss this in much more detail than you can on this forum.

[SLF]

Well given the question he asked, it has been answered.

The thing is, like anything in business, one question crosses into another and can produce a range of answers that the OP will need to consider as well as the initial question. So a chat with an accountant or a business advisor should suffice for an initial overview.