Patents

[-Chris-]

Have you had any experience of patents and/or copyright please? If your just starting out and you have thought of a company name, a product name and a website address, which one/s do you register for a patent / copyright?

 

[StevensOnln1]

You don't register any of those things for patents or copywrite. A patent protects something you have invented. Copywrite protects work you have created (e.g. a book, a music recording, a video, a website) and applies as soon as the work is published. You could potentially register a trademark to protect the name of a business or product against it being used by anyone else.

 

[-Chris-]

Thank you for that quick reply. So, if I want to stop anyone else using my company name, my product name and / or my website address, I would register one or all of them as a trademark?

 

[Mr D]

Why would someone else use your website address?

 

[-Chris-]

Why would someone else use your website address?

I suppose for example, if that website address was the same words as their company name.

 

[Mr D]

I suppose for example, if that website address was the same words as their company name.

You mean a different website address?

 

[-Chris-]

You mean a different website address?

I mean if I wanted to have a website address as www.ThisIsTheBestCompany.com and there was already a company called This Is The Best Company.

 

[fisicx]

If that were the case you would get into all sort of hot water.

It would be like you trying to buy www.microsoft.london for your software business - you would get a cease and desist within days.

But you could get similar names if you aren't trading in the same space. For example the there is a company near me called Amazon Windows and there a whole load of amazon holiday websites.

 

[-Chris-]

Thanks fisicx, it's good to get this straight. Is there a quick way (apart from the obvious Googling) to see if there's already a company name with that anywhere, in the world, or just the country operating in (UK)?

 

[ethical PR]

Companies House

 

[-Chris-]

Companies House

Thanks. Worldwide?

 

[ethical PR]

Google.

 

[-Chris-]

Google.

Yep, as mentioned, I had thought of that, but it is possible for there to be some companies not found in Google, highly unlikely, but still possible, so was looking for a more foolproof way.

 

[STDFR33]

Yep, as mentioned, I had thought of that, but it is possible for there to be some companies not found in Google, highly unlikely, but still possible, so was looking for a more foolproof way.

If Google throws up no search results, then the only option left is it to walk on every street in the world.

 

[-Chris-]

So, anyway - you can check in companies house for UK companies, but how would you check in other countries - or do any of you ever bother with that?

 

[fisicx]

I wouldn't bother. There is no way you could check to see if 'This is the best company' is registered or trademarked in all other countries.

Just use CH and see if anyone has registered the name. Then do the same for trademarks (which don't have to have an associated limited company)

 

[STDFR33]

Companies House only helps to an extent.

'Dave's Divine Dildos' may not be on Companies House but it could already be used by an unincorporated business.

 

[-Chris-]

I had to put this on hold a few months ago, but am now back to it. If I started a company in the UK today and registered it at companies house UK today, for a particular name, say for example, 'Bright lights shining bright' that is to trade worldwide, what's to stop a totally different unrelated company in the USA from also starting a company called 'Bright lights shining bright' a couple of days later ?

 

[Mr D]

I had to put this on hold a few months ago, but am now back to it. If I started a company in the UK today and registered it at companies house UK today, for a particular name, say for example, 'Bright lights shining bright' that is to trade worldwide, what's to stop a totally different unrelated company in the USA from also starting a company called 'Bright lights shining bright' a couple of days later ?

Nothing.
One is UK company and one a US company.

 

[-Chris-]

So that could be confusing, if there were 2 companies trading worldwide under the same name?

 

[Mr D]

So that could be confusing, if there were 2 companies trading worldwide under the same name?

Yes.
So what do you want to do about it?

 

[-Chris-]

Yes.
So what do you want to do about it?

I obviously won't know that, until I know what is possible.

 

[Mr D]

I mean do you want to stop anyone else using your company name? Or just prevent any other limited company in the UK using that name?

 

[-Chris-]

Preferably, I would want to stop anyone, worldwide, from using that name. How do you do that?

 

[StevensOnln1]

Preferably, I would want to stop anyone, worldwide, from using that name. How do you do that?

Register a trademark in every country (if that is even possible). It might be more sensible to start with a UK or EU trademark and then apply in other countries.

 

[-Chris-]

So maybe register a company name here in the UK at Companies house, then register that same company name in other countries?

 

[Mr D]

So maybe register a company name here in the UK at Companies house, then register that same company name in other countries?

You realise that the US allows companies in different states to have the same name?
You may find that you cannot register a particular name because someone else already has.

Trademark is perhaps the best route for you. Nike doesn't have to register their company name in hundreds of places to prevent other people using it and amazon haven't yet figured out a way to get a river name changed.
What they do have is branding and trademarks.

 

[-Chris-]

You realise that the US allows companies in different states to have the same name?

Thanks, no, I didn't realise that - hence the reason for posting on here.

As a sole trader, I guess the person can't register their business name? If so, then is the suggestion here to trademark it, so that no-one else can use that business name? Also, how about if you registered the business / company name as ltd, but in a dormant mode, would that stop anyone else from using it?

 

[StevensOnln1]

Registering a limited company does not give you any form for trademark or brand protection. The only way to gain protection is by registering a trademark.

 

[ethical PR]

Chris it sounds like before going any further you would be well to go and have a look at the IPO site and read up on trademark. What you need to trademark is the brand you want to develop NOT your limited company name which is pretty irrelevant in most cases.

Then go on the Companies House and .gov.uk to help you understand what's involved in setting up and managing a company.

You will want to trademark the name and the physical mark (log) ie Nike tick. Trademarking won't stop anyone else using the name, just using it in a particular class unless you are a global brand.

You will of course need to check the URL is available in your chosen name in its most common incarnations and buy these too.

Unless you are planning to have a global brand not sure why you need to register your brand globally.

 

[-Chris-]

Thanks Ethical, just to ensure I've got this right. There's not a lot of income at the moment, and will stay as a sole trader, but to stop anyone else from having the same company name, I could trade mark the name, for £200? (The website names have already been purchased). Is that about right? Are there yearly fees after the initial £200?

 

[Mr D]

Thanks Ethical, just to ensure I've got this right. There's not a lot of income at the moment, and will stay as a sole trader, but to stop anyone else from having the same company name, I could trade mark the name, for £200? (The website names have already been purchased). Is that about right? Are there yearly fees after the initial £200?

Are you also going to pay for legal fees to protect your trademark? And spend money to register it multiple places?

 

[-Chris-]

Are you also going to pay for legal fees to protect your trademark? And spend money to register it multiple places?

Difficult to say without knowing the figures.