Someone locally copy business name same us ours.

[Oxfolpwhov]

Someone locally copy business name same us ours.

I have just found out someone who used call different name now he change the name to the exact same name as our business name which is under 4 miles away. As someone who has worked hard to build a reputation and establish a presence within our community. I have spoken to the person who owe the business in a professional manner but he’s not willing to change the name.
I have also registered a Trademark of my business and I can see he also registered the name after 1 days of my registration.
I have been running the same name for over 6 years.

What is my right what is my business name protection in the local area. Plus I have all bills and council bills on the business name.

 

[Chris Ashdown]

Someone locally copy business name same us ours.

I have just found out someone who used call different name now he change the name to the exact same name as our business name which is under 4 miles away. As someone who has worked hard to build a reputation and establish a presence within our community. I have spoken to the person who owe the business in a professional manner but he’s not willing to change the name.
I have also registered a Trademark of my business and I can see he also registered the name after 1 days of my registration.
I have been running the same name for over 6 years.

What is my right what is my business name protection in the local area. Plus I have all bills and council bills on the business name.

Go to your solicitor and get him to first write a letter and second to take legal action if the letter does not work

 

[Paul Kelly ICHYB]

I have also registered a Trademark of my business

What exactly did you register? If the name, then you fight. If a logo with the name, less chance!

 

[Socio South West]

Go to your solicitor and get him to first write a letter and second to take legal action if the letter does not work

A lot will depend on the business of the other party: To make any action worthwhile OP will have to prove that either 'passing off' is occurring, or significant confusion has arisen within the same trade.
If the other party's line of business is different, OP's case is considerably weaker

OP also needs to clarify or understand the great difference between a Company name and a Trademark - A Trademark is potentially a valuable bit of Intellectual Property and there are well established routes to defend that - but involving solicitors. .
A company name less so, as it becomes distinct by the addition of something like (UK) into it as required by Companies House.

 

[fisicx]

@Oxfolpwhov what is the name of the business and where are you located?

What exactly have you trademarked and what group have you selected

 

[Oxfolpwhov]

What exactly did you register? If the name, then you fight. If a logo with the name, less chance!

I have registered a letter word no logo
Also I have told the person who is change there business to the same name as mine it’s about 4 miles away and he is not willing to change the business name to something else.

 

[fisicx]

Perfectly legal for to businesses to have the same name. Look on companies house for Amazon and see how many there are.

Are they doing the same as you? If so you might have a case. If not it’s likely your trademark will be opposed.

 

[Oxfolpwhov]

Perfectly legal for to businesses to have the same name. Look on companies house for Amazon and see how many there are.

Are they doing the same as you? If so you might have a case. If not it’s likely your trademark will be opposed.

They are doing the same thing provide the same service. I have told him not to use the same name but it doesn’t care. What can i do now regarding this.

 

[fisicx]

They are doing the same thing provide the same service. I have told him not to use the same name but it doesn’t care. What can i do now regarding this.

Spend money on lawyers. Probably lots of money. If they won’t give up the name then legal action is the only way forwards.

 

[Socio South West]

Spend money on lawyers. Probably lots of money. If they won’t give up the name then legal action is the only way forwards.

Exactly this - or alternatively buy his business with a strongly worded exclusion clause regarding trading in future in the vicinity.

 

[WaveJumper]

Offer a better service, customers are not stupid

 

[Chris Ashdown]

Offer a better service, customers are not stupid

customers are not stupid

????????????????? I did manage to find quite a lot

 

[BusterBloodvessel]

What is the name and nature of the business?

I assume it can be tricky if you are something like "Birmingham Garden Maintenance" and he is the same, doing the same thing.

 

[Oxfolpwhov]

What is the name and nature of the business?

I assume it can be tricky if you are something like "Birmingham Garden Maintenance" and he is the same, doing the same thing.

It’s the same name offer the same service. He is really arrogant person who doesn’t want to resolve this matter.

 

[fisicx]

It’s the same name offer the same service. He is really arrogant person who doesn’t want to resolve this matter.

Which is why you need to take legal action. A solicitor will advise on the strength of your case.

 

[paulears]

Passing off would seem pretty likely here, if they are deliberately stealing your business, that's stuff a real professional needs to look after - see a solicitor urgently.

 

[fantheflames]

As others have said, see a specialist on this as soon as possible. It's worth the money as you're probably losing money from this. Get as much evidence as possible. There might be a grey area also, so it's also good to speak to a specialist on this to see if you have a case!

 

[Oxfolpwhov]

As others have said, see a specialist on this as soon as possible. It's worth the money as you're probably losing money from this. Get as much evidence as possible. There might be a grey area also, so it's also good to speak to a specialist on this to see if you have a case!

I will speak to legal experts about this and see if I can make him to change his business name.

 

[fisicx]

I will speak to legal experts about this and see if I can make him to change his business name.

You can't and he won't. A lawyer will be able to help but it could take expensive legal action to force them to give it up. It all depends on how much they want to fight you in court.

 

[Oxfolpwhov]

I will speak to legal experts about this and see if I can make him to change his business name.

In that case I have to post this it on local Facebook and tell them about it.

 

[IanSuth]

In that case I have to post this it on local Facebook and tell them about it.

Speak to a lawyer first

You don't want to end up on the receiving end of a case yourself through a hasty reaction

 

[fisicx]

In that case I have to post this it on local Facebook and tell them about it.

And get a letter from their solicitor claiming libel, defamation and demanding you cease and desist.

Stop prevaricating and engage a solicitor to act on your behalf.

 

[Jason lusive]

Since the owner ignored you, I suggest you should contact a solicitor and take a court action. You have all the rights since you registered a trademark.

 

[fisicx]

Since the owner ignored you, I suggest you should contact a solicitor and take a court action. You have all the rights since you registered a trademark.

That's not quite correct. They seem to have applied for a Trademark - which is a long way from that trademark being granted. And even then you would still need to take legal action to prevent the other party from using the business name.

 

[tomyderigo]

Someone locally copy business name same us ours.

I have just found out someone who used call different name now he change the name to the exact same name as our business name which is under 4 miles away. As someone who has worked hard to build a reputation and establish a presence within our community. I have spoken to the person who owe the business in a professional manner but he’s not willing to change the name.
I have also registered a Trademark of my business and I can see he also registered the name after 1 days of my registration.
I have been running the same name for over 6 years.

What is my right what is my business name protection in the local area. Plus I have all bills and council bills on the business name.

I'm not an expert but I had to deal with trademarks during my corporate career in marketing. The following are not clear from your post:
1: has the UK Trademarks office ALREADY registered your trade mark and you have written confirmation of that ?(i.e., whether the certificate has been issued or not - I have the impression you meant "I applied for registration" and that is not giving you any protection when the other party has already started to use the same name...)
2: what the registration entails? (text form? logo?) and
3: if there is a certificate, when did you apply for it and when was your application published in the Trademarks paper? Before or after your competition started using the same name?

....These are all important details. Depending on the situ regarding no.1, 2 and no.3 above there are several scenarios and in most of them you cannot do to much... As a matter of principle, you only enjoy protection for a name if it was published before your competition first appeared with the new name (otherwise, they have 'prior art').

Your business's name is automatically protected by the certificate ONLY if the registration is for the name was in text form. If you registered your name only as a logo (i.e., only in the visual format but not the simple text form) then you cannot prevent them to use the same name, not without expensive and lengthy legal procedure. Sorry, I know it feels unfair, but trademark protection has its limits and the legalities around it try to cover every potential scenarios. You will need to do a lot of reading or get legal advise from a professional.

 

[Jason lusive]

That's not quite correct. They seem to have applied for a Trademark - which is a long way from that trademark being granted. And even then you would still need to take legal action to prevent the other party from using the business name.

But I still would talk to a solicitor if it was me. Maybe they have a free consultation.

 

[Oxfolpwhov]

I'm not an expert but I had to deal with trademarks during my corporate career in marketing. The following are not clear from your post:
1: has the UK Trademarks office ALREADY registered your trade mark and you have written confirmation of that ?(i.e., whether the certificate has been issued or not - I have the impression you meant "I applied for registration" and that is not giving you any protection when the other party has already started to use the same name...)
2: what the registration entails? (text form? logo?) and
3: if there is a certificate, when did you apply for it and when was your application published in the Trademarks paper? Before or after your competition started using the same name?

....These are all important details. Depending on the situ regarding no.1, 2 and no.3 above there are several scenarios and in most of them you cannot do to much... As a matter of principle, you only enjoy protection for a name if it was published before your competition first appeared with the new name (otherwise, they have 'prior art').

Your business's name is automatically protected by the certificate ONLY if the registration is for the name was in text form. If you registered your name only as a logo (i.e., only in the visual format but not the simple text form) then you cannot prevent them to use the same name, not without expensive and lengthy legal procedure. Sorry, I know it feels unfair, but trademark protection has its limits and the legalities around it try to cover every potential scenarios. You will need to do a lot of reading or get legal advise from a professional.

It’s number 1 I have the certificate trademark it was reg last week and it’s and the other part registered the TM the next day.

 

[WaveJumper]

How long has this other business been trading with the same name

 

[Oxfolpwhov]

How long has this other business been trading with the same name

It’s been trading with the same name for few weeks I think I have been telling him to change it he is damaging my business. Now his advertising the business locally with Google advert when people put my business name on Google his business comes up second with the same name. I’m seeing solicitor.

My trade make is in status Pre-Publication.

 

[fantheflames]

Usually solicitors can offer free advice for 15-30 minutes. I'm good that you've reached out to them, but it looks like that hasn't resolved anything? It looks like you do have a case, but seeing a solicitor is the only reason next step.

Please keep us informed if you can.

 

[Oxfolpwhov]

Usually solicitors can offer free advice for 15-30 minutes. I'm good that you've reached out to them, but it looks like that hasn't resolved anything? It looks like you do have a case, but seeing a solicitor is the only reason next step.

Please keep us informed if you can.

I will keep you updated
The funny think is when I’m typing the service and his area is not coming up but when I type the service he offer and type my area always comes up with Google ad

Is there anywhere I could report this to Google business

 

[fantheflames]

I will keep you updated
The funny think is when I’m typing the service and his area is not coming up but when I type the service he offer and type my area always comes up with Google ad

Is there anywhere I could report this to Google business

You can try but they will ask for proof. See what they say with the proof you already have, they can be quite good. You're losing business over this, so try as many things as possible... just don't forget about speaking to a solicitor as soon as possible to get the ball rolling.

 

[fisicx]

I will keep you updated
Is there anywhere I could report this to Google business

Right now there is nothing they are doing wrong. They have an advert for their business which meets Google’s terms. You claim they are passing off but Google won’t do anything until this has been proven in court.

It’s the same with your trademark application (and that's you have so far). This can be rejected if other businesses claim duplication. In fact this other local business can get a trademark in a different group and continue to use the name. And there is nothing you can do to prevent this.

This could easily cost you a lot of money and you could still lose.

 

[NickGrogan]

It’s been trading with the same name for few weeks I think I have been telling him to change it he is damaging my business. Now his advertising the business locally with Google advert when people put my business name on Google his business comes up second with the same name. I’m seeing solicitor.

My trade make is in status Pre-Publication.

If the trademark status is Pre-publication then you don't have a trademark yet, that just means you've applied for one.

Is the business name something very specific, like a made-up word, or something generic like Edinburgh Florist?

 

[Paul Kelly ICHYB]

Now his advertising the business locally with Google advert when people put my business name on Google his business comes up second with the same name

Are you number 1?

Start advertising and drown them out!

 

[Oxfolpwhov]

It looks like my TM is in Application Published which is good hopefully it will be fully registered within 2 month the other guys TM is still under examination when he registered a day after me.

 

[DanteMosley]

Typically, a lawyer might recommend sending a formal letter to the other business owner. This letter will politely ask them to stop using your business name, explaining that you have legal rights to the name and what could happen if they don't listen.

 

[tomyderigo]

It looks like my TM is in Application Published which is good hopefully it will be fully registered within 2 month the other guys TM is still under examination when he registered a day after me.

Hi again.

As I said in my initial comment, one of the important aspect of IP protection is timing. The guys started to use the same name before you lodged your application. That action created a 'prior' (they have proof they used the name before you applied for the TM) and such 'prior' will allow them to take action against you, i.e., against you getting the trade mark registered in your name.

The other party has eight weeks to raise their case. Should they miss to resist your application before the deadline and the IP registry gives you the certificate then you 'win' and your solicitor can send them a cease and desist letter. But only if they don't resist within the eight weeks deadline. So, I cross fingers for you but it's not over yet.

 

[fisicx]

Even sending the cease and desist may not work. They can ignore the letter and keep trading. They can also apply for a trademark in a different group.

@Oxfolpwhov - have you spoken to a solicitor yet. Ideally needs to be one with experienced in trademark disputes.

 

[Oxfolpwhov]

Hi again.

As I said in my initial comment, one of the important aspect of IP protection is timing. The guys started to use the same name before you lodged your application. That action created a 'prior' (they have proof they used the name before you applied for the TM) and such 'prior' will allow them to take action against you, i.e., against you getting the trade mark registered in your name.

The other party has eight weeks to raise their case. Should they miss to resist your application before the deadline and the IP registry gives you the certificate then you 'win' and your solicitor can send them a cease and desist letter. But only if they don't resist within the eight weeks deadline. So, I cross fingers for you but it's not over yet.

I think you get it wrong I apply for TM before him and I have been running the same name for over 7 years and someone who changed there trading name to my business name. I have the right to protect my business name.