Business Name Advice

[Isabel]

Hello everyone.

My business partner and I have been using our business name e.g. "xyz buttons" for well over 18 months. We registered as a ltd co in Sept 09 as "xyz buttons ltd" . We have had a website, xyzbuttons (a .co.uk website) for approx 18 months.
Tonight I tried to create a Facebook page for "xyz buttons" only to discover someone already has used the name xyz buttons. The type of business they are using it to promote is exactly the same as our business.

How do we stand legally on this? Can we prevent them using the name?

Many thanks in advance for your help.

Isabel

 

[kulture]

You omit to say how long they have been using the name on face book.

Since you have not trademarked the name you are limited as to what you can do. If the facebook entry is pretending to be you and trading as you, then you can get them for passing off. If however they are simply using a name which is not protected and a reasonable visitor would not confuse the two of you, then your options are limited.