Are similar Company Names illegal?

[business guru]

Lets say there is a existing company called, 'Fast Cars Express', then I start a company called 'Express Cars Fast', and we are both located over 100 miles away from each other. But run the same kind of business locally and on the internet i.e. fastcarsexpress.co.uk and expresscarsfast.co.uk

'Fast Cars Express' isn't trademarked but is registered as a limited company, 'Express Cars Fast' isn't found when searched on the National Business Register.

Can I be sued for having a similar business name?

 

[Kent Accountant]

Similar company names are not illegal but you could be sued for "passing off" or if they were limited companies and the names were similar, a request could be made for the Secretary of State to issue a direction for you to change the name. Companies House booklet here

 

[Emily Cleaver]

I think the Easygroup companies have taken legal actiaon against people using "Easy" in front of other words, but they've failed to get the case to court on at least one occasion (with EasyArt). I don't know the legal details though.

 

[business guru]

Is 'Fast Cars Express' and 'Express Cars Fast' really that similar?

I've just watched Dragon's Den today when 'iFoods.tv' made a pitch for investment, but when they revealed there was a similar competitors website called 'iFood.tv' (without the 's') they lost interest as they said people will get mixed up.

 

[Dawg]

As an aside from the passing off angle, if you were starting a new business would you want to have a similar name to an established competitor? The existing company might well be in a stronger position to exploit any confusion and take a good proportion of whatever trade the new company might generate.

It would seem to be adding an unnecessary hurdle to the new company's chances of success.

 

[Tim R-T-C]

I think passing off can only apply when the original company is particularly well known and you appear to be trying to trade off their success (like the people who call themselves 'easy' and use bright orange colour schemes).

If the firm whose name you are similar to is just a small local firm then there should be no problem at all.

 

[davidakerr]

My daughter traded under a name for several years and then received a solicitors letter informing her that their clients (about 400 miles from my daughters premises) had been trading under the same name for many years before her and as this was a franchised organisation she was instructed to change her trading name or face legal action. On advice my daughter changed the trading name at a cost of thousands for new stationery; signs; informing Tax authorities etc etc. My advice is dont go anywhere near a similar name, particularly if in the same type of business.

 

[Deleted member 13430]

This thread may be of interest and help:-

http://www.ukbusinessforums.co.uk/forums/showthread.php?t=75447&highlight=trademark