Another company incorporated with almost identical name

[Henrik99]

Hi

When I checked companies house earlier today I noticed that a company has incorporated with an 'almost' identical company name just a couple of months after we incorporated. Our company name is central to our brand and we already have secured the trademark, URLs etc. I am amazed that Companies House would allow someone to do this as there is no other company name even close to this. I can see that the owner is an Asian national who works within a company in the same broad sector.

I have written to Companies House to see how this happened and can see that UK Trademark Office do have a company name appeal process, albeit it looks like it will take a long time. I would imagine that if Companies House allowed the firm to incorporate they will not reverse this so any suggestions on how I might be able to quickly (and cheaply) resolve this issue?

Henrik

 

[The Byre]

Company name and trade mark are two separate issues. There are about ten companies with some form of the name 'Eurosound' and about 50 Novatec or Novatech companies.

 

[obscure]

CH haven't done anything wrong or allowed anything bad to happen. As the Byre points out Companies House registrations and Trademarks are two totally separate things. Just because they register a company name at CH that doesn't mean they have the right to use it during trade. In fact many companies trade under a totally different brand name than the name registered at CH.

If you are concerned you could write to them to let them know that you noticed their company reg and just wanted to make sure they were aware that you have a registered Trademark for "Whatever" so that they can avoid any issues around possibly conflicting trading names.

 

[Mr D]

Often get names close to each other at companies house. Not the same.

 

[KAC]

Companies House used to care but don't any more

 

[MOIC]

I noticed that a company has incorporated with an 'almost' identical company name

Nothing wrong in that.

As @obscure has mentioned in his post, I would follow his advice. . . . . . . . .or get legal advice.

 

[surreyaces]

Do you know if the other company has commenced trading under the name? If no you could consider complaining to the Company Names Tribunal. If yes you could consider complaining to the courts for trade mark infringement. Either way you should probably write to the other party first.

 

[Gecko001]

As others have said, it only becomes a problem if the other company is trading under the same name as you are trading under. The Ltd Co. names are irrelevant usually as many business run under a trading name different to the Ltd Co. name.

If they are trading with a similar trading name as your trading name, then you will have to take legal action against the other company to get them to change. There are several threads on that situation on this form. It comes under "passing off" law.

 

[Newchodge]

Just as a point of pedantry. You cannot have something almost identical. Identical is an absolute. If it is not the same as your name it is extremely similar.

Grammar police R Us.