Business name help

[sarahlyndsmith]

Hi, I have a business name I'd like to use, i've checked and nothing is registered under companies house, I can also get the .co.uk (the .com is taken but doesn't appear to link to a live page)

I've done some research and found nothing related in the UK but there is a company in the US (I'm UK) with a similar name selling the same kinds of products.

The US company name has "The" at the start of their name and then "Co" at the end so (i've changed the names) but this is an example

The Blue Ball Co. and I would like to just use, Blue Ball

From what I can see they have a trademark on a slogan relating to this but not the name itself (plus were overseas) can I do this?? Unsure if adding 'the' and 'co/company' changes the names enough?

Many Thanks

 

[Alan]

So what do you think?

To me it is pretty clear, no UK company, no trademark on the actual name.

 

[MBE2017]

You can buy the web address no problem, without registering their trademark in the UK they have no true protection from a trademark position, unless they have been selling their products in the UK already.

It’s not my area of expertise but I seem to remember if they have sold products in the UK already with their TM on them, they might have acquired some common law rights to that TM, even though it is not registered.

That said, would it not be easier to come up with an original name of your own? It would save any potential hassle and more importantly legal expense.