Another business using my registered company name

[Deleted member 335084]

Hi folks

Long time reader, first time poster! I've just stumbled onto an issue and the various reading I've done isn't particularly clear. I was recently trading using my registered company name. However, for reasons I won't bore you with, I decided to rebrand and change my trading name (but kept my registered company name the same as before).

However, I have since found another business trading using my registered company name (or very similar - with "UK" at the end) and I'm not clear what the legal situation here is. My company name isn't a registered trademark and this new business is in the pre-trading stage (they're launching in a couple of days and don't currently have a website - just an instagram profile) so I'm not sure if they are a registered company or not.

So what do you think? Is it OK for another business to trade using my registered company name?

Huge thanks in advance!

 

[fc-ramon]

https://www.gov.uk/limited-company-formation/choose-company-name

"same as names" - Are these "fake" companies actually registered, if they are you can report to companies house.

 

[Mr D]

Is the company name enough different as to be accepted?

 

[Deleted member 335084]

Is the company name enough different as to be accepted?

Their trading name is the same as my registered company name, with “UK” added on the end it seems.

 

[Deleted member 335084]

"same as names" - Are these "fake" companies actually registered, if they are you can report to companies house.

hmm good thought but don’t think it’s a fake company as they’re going hard on a social media push. It looks like the person setting it up is a serial business starter, but I’m not sure if this specific business is a limited company or not.

 

[Mr D]

Their trading name is the same as my registered company name, with “UK” added on the end it seems.

So probably not going to be that confusing.

Nothing stopped them registering the name.
And there's no trademark with the name they can find.

Sounds like they will be trading using their registered company name.

 

[Deleted member 335084]

So probably not going to be that confusing.

Nothing stopped them registering the name.
And there's no trademark with the name they can find.

Sounds like they will be trading using their registered company name.

Fair point, but what if they haven’t registered it with companies house and are trading, say, as a sole trader or as part of a different registered company?

 

[Mr D]

Fair point, but what if they haven’t registered it with companies house and are trading, say, as a sole trader or as part of a different registered company?

Then they aren't in any way using your name.
Sole traders don't trade as limited. A different registered company has a different registered name - any part of it is part of that company.

 

[Deleted member 335084]

Then they aren't in any way using your name.
Sole traders don't trade as limited. A different registered company has a different registered name - any part of it is part of that company.

Ok I think that makes sense. Not great for me, if customers still associate my business with my brand, but I guess that’s what trademarks are for!

 

[Mr D]

Ok I think that makes sense. Not great for me, if customers still associate my business with my brand, but I guess that’s what trademarks are for!

Indeed. Limited company name only stops someone else registering the same limited company name.
If you look on companies house you can see a lot of names with only minor differences.

 

[eteb3]

You don't have a trademark? It's horribly messy but you could still look at an action for passing off. I'd get 30 mins free advice from a lawyer who can sketch your chances, and go from there.

But the important question afaik is what name you're trading under, not what name your company is registered under. The company name is as irrelevant as in the case of a Joe Bloggs t/a 100% Plumbing: it's just a label for the legal entity, not for the business as such, and I don't think he'd have an action against someone setting up as Joe Bloggs Plumbing any more than you will if you don't trade under your Ltd's name.

 

[Deleted member 335084]

You don't have a trademark? It's horribly messy but you could still look at an action for passing off. I'd get 30 mins free advice from a lawyer who can sketch your chances, and go from there.

But the important question afaik is what name you're trading under, not what name your company is registered under. The company name is as irrelevant as in the case of a Joe Bloggs t/a 100% Plumbing: it's just a label for the legal entity, not for the business as such, and I don't think he'd have an action against someone setting up as Joe Bloggs Plumbing any more than you will if you don't trade under your Ltd's name.

Great thoughts - thank you.