Another business trading under same name

[Rolypoly]

Hi all!

Just wanted to ask some general advice for my situation. I recently set up an event decorating business as a sole trader. I found a .co.uk and .com domain which was free and snapped it up. I researched the local competition around me and found no other similiar sounding business names.

This was until today when someone pointed out to me when googling my business name they found another business on the Yell website in my sector with the same name and in the same area as myself. Ive checked and found they have no contact details, no website at all so im unsure whether they are still active at all.

Is there anything I can do? Will I have to stop trading under the name? Is there a way of copyrighting the name?

Thanks in advance!

 

[StevensOnln1]

If they're listed on Yell surely there must be a phone number? You can't copywrite a name but it may be possible to register a trademark.

 

[Rolypoly]

Hi,

Under the business name on Yell is their address but says that the number is unavailable.

What would a trademark do that could help my situation?

 

[Socio South West]

This is a hard question to answer without knowing the company names.

From what you are saying its likely the other company is no longer in business: If this has happened recently take care that they havent collapsed leaving a heap of debts for which someone may mistakenly pursue you, so make sure you can easily prove that you are not involved with that company.

Registering a company name as a trademark is easier if its something specific - say Xrhydot... but if your company is say Event Promotions Ltd you would be unable to register something as generic as that, as the terms will be in common use anyway.
In this case its too late, as the other company is already in existence, and you couldn't do anything to stop them using that name, especially if they existed before you.

 

[Rolypoly]

Thanks for the advice

The name is actually quite specific, its not descriptive of the service im offering. However, if I were to get the name trademarked, would I have a case against the other same named business? Would they have a case as they were established first? Or would myself having the trademark override who can keep the name?

 

[MOIC]

Thanks for the advice

The name is actually quite specific, its not descriptive of the service im offering. However, if I were to get the name trademarked, would I have a case against the other same named business? Would they have a case as they were established first? Or would myself having the trademark override who can keep the name?

If your application for the Trade Mark is successful, the name will belong to you.

You should also look enquire at Companies House to see if the company using the same as you is a Limited Company, in which case you will not be able to use the same name. (as a Limited Company)

A Limited Company can often use the same words as another company, and adding a different word, or in some cases a city to register the company as limited.

Best always to get legal advice on your particular situation.

Good liuck !

 

[Vectis]

......... I researched the local competition around me and found no other similiar sounding business names..........

It seems a little odd that you say you 'researched' the name before deciding to use it, yet someone simply typing your company name into Google has found a business with the same name, in the same area, and in the same market sector as you. Surely you typed the name into Google as part of your 'research' before deciding to use the name?

Things you could do (apart from researching more carefully):

Check the company name at Companies House if it's a Limited Company (it's free) to see if it's in use.

Write to the company, as you have their address, asking if they are trading

Change your trading name.

 

[Lucky7CompSolutions]

It seems a little odd that you say you 'researched' the name before deciding to use it, yet someone simply typing your company name into Google has found a business with the same name, in the same area, and in the same market sector as you. Surely you typed the name into Google as part of your 'research' before deciding to use the name?

Things you could do (apart from researching more carefully):

Check the company name at Companies House if it's a Limited Company (it's free) to see if it's in use.

Write to the company, as you have their address, asking if they are trading

Change your trading name.

I was going to say the same thing as you could of not researched very well, not always easy to do but change your name or keep the name but incorporate a different letter or number so your not the same name if a customer can find out this info no more said.

 

[Trademarkroom]

Hi- a registered trademark is always a great asset for a company or individual. It gives you sole right to use the name and prevent others from doing so without your consent.

You can apply to the UKIPO and make the application yourself or you can pay someone to do it for you.

It is also beneficial to have a clearance search undertaken to advise on whether a similar or identical name has already been registered.

There is a worst case scenario if you know of another identical company name in identical goods or services- if they haven't registered the name but have been trading for many years they may have built up 'unregistered rights' and could potentially try to invalidate your trademark or try to prevent you from trading under that name.

If you would like to know more please contact me- happy to advise further.

 

[Gecko001]

I would seek legal advice on this one. As far as I know, you can trade under exactly the same name as another business unless you do not try to pass yourself off as that other business. It is possible that the other business could argue that you are pasiing yourself off as this other business as you are in the same type of business and the same location. the fact that the other business seems to have stopped trading might or might not be relevant. As I say, you need some legal advice on this.

Perhaps post on legal forum as well.

 

[Moneyman]

Yell is full of old companies that have gone bust years ago...they like to pretend there is still a market place for listing sites and door stops.