Advice required - Acquiring my first companies name

[Jamal Al-Azzawe]

Afternoon,

I'm currently looking to make an idea of a company, become a reality, however just like many other first time business starter, find myself at my first hurdle.

There's a company name that i'm really keen on having as the name of my company, however not sure, If I can go ahead with obtaining it.

Essentially, I have gone onto "Companies House" and searched the name and a "Limited Company" has it but with "Ltd" at the end of the name.

As i'm a sole trader, "I will be managing the business on my own" can I register the same name but without "Ltd"?

The company also isn't in the same industry as mine, I'm looking to sell "Clothing" and they sell "Software".

Or would it be best to add to the name to make it more unique?

I suppose this may be a very simple answer, however i'm just starting out in the world of business and want to make sure I do everything right, so have taken to this forum.

I appreciate, all any any help.


Kind regards,

Jamal

 

[Mr D]

Who you planning to register with?

Or is it trademark you are after?

 

[Jamal Al-Azzawe]

I'm thinking about registering with "Companies House", essentially i'm looking to start my own clothing company, one which I can start a "Instagram" shop for, as an example.

I will be the only one managing it all, so not sure if I need to:
Register a "Sole Trader" with a company name, or like you said if a "Trademark" is all that may be required?

 

[Mr D]

I'm thinking about registering with "Companies House", essentially i'm looking to start my own clothing company, one which I can start a "Instagram" shop for, as an example.

I will be the only one managing it all, so not sure if I need to:
Register a "Sole Trader" with a company name, or like you said if a "Trademark" is all that may be required?

Companies house is for registering limited companies.

You can be a sole trader with whatever name but if someone thinks its too close to their name or you breach someone else's trademark you create problems.

 

[Jamal Al-Azzawe]

Companies house is for registering limited companies.

You can be a sole trader with whatever name but if someone thinks its too close to their name or you breach someone else's trademark you create problems.

Thank you again for you quick reply to this thread, and helping to get closer to getting past this hurdle, I really appreciate your help so far, I've just looked into seeing if the name I would like to use is available as a "Trademark", there were quite a few with the same name, but after looking trough each one, none were in the same industry (Clothing), so feel confident.

So just to confirm, If I was to register a "Trademark", this would a;so cover the company name, as its what allows customers to recognise the brand? or would I need to register the company an additional way along with the "Trademark" if its just me managing it all?

Company I may register with:
Gov uk

 

[Scalloway]

Registering a trademark gives the best protection but registering a company name is simple to do. You need to remember to do the filings each year to keep it on the register.

 

[Noah]

If I was to register a "Trademark", this would a;so cover the company name, as its what allows customers to recognise the brand? or would I need to register the company an additional way along with the "Trademark" if its just me managing it all?

Trademark and company name are two separate beasts - you will find it simpler to view them separately - they can certainly be different, OR the same. Trademark is Intellectual Property (IP) and has value; company name doesn't have any intrinsic value.

Our trademarks are registered under the ltd. co. and are therefore the IP of the company, not an individual; one is the same name as the company but we obtained that one long after setting up the company (a mistake to wait, in hindsight). Not sure about registering a trademark as a sole trader (ST) but assume it is straightforward - and can be transferred straightforwardly to other ST or co. as well if you wish in the future.

Read up on UK IPO Web site about trademarks.

 

[Jamal Al-Azzawe]

Trademark and company name are two separate beasts - you will find it simpler to view them separately - they can certainly be different, OR the same. Trademark is Intellectual Property (IP) and has value; company name doesn't have any intrinsic value.

Our trademarks are registered under the ltd. co. and are therefore the IP of the company, not an individual; one is the same name as the company but we obtained that one long after setting up the company (a mistake to wait, in hindsight). Not sure about registering a trademark as a sole trader (ST) but assume it is straightforward - and can be transferred straightforwardly to other ST or co. as well if you wish in the future.

Read up on UK IPO Web site about trademarks.

Highly appreciate you help on this, so moving forward I should look to get a "Trademark" for the brand, which will define and represent the clothing brand i'm looking to start.

As about 3 other companies (All LTD) have the same name as the one I would like to use, but sell completely different goods, and i'm going to be a "Sole Trader" with their company name as my "Trademark Name", do you know if this would cause issues.

I'm assuming it wont, as the companies that are the 3 LTD ones all sell different goods to one another, and id also be selling different goods compered to them.

I'm sorry if this is a obvious answer, but I really want to make sure I do everything the right way etc.

Again, I appreciate you help

 

[Noah]

i'm going to be a "Sole Trader" with their company name as my "Trademark Name", do you know if this would cause issues.

I am not a lawyer; if you want to get into this in more depth, speak to an IP lawyer.

Having said that, to start to answer your question, look for the trademark on the aforementioned link - if it is already registered, your attempts to register it for your own use become much more complicated - you'll need lawyers, guns, and money. Otherwise, if not registered (nor anything similar) already, jump in and file an application yourself - only £170 to lose at this point.