Business Name, Trademark, Copyright

[Kostas Roussos]

Hi all and thank you for your help in advance.

I would like to start a new company or to trade through my existing company but I'm a bit sceptical about the name as there are many other companies in the market that use variations or are similar to the chosen name (The main name/word e.g. 'Euro' remains the same for all the variations). I contacted the Companies House today and they confirmed that my chosen name (which consists of three words) is unique and it is not taken by any other company in the UK. The other companies in the UK use variations of one to four words which I believe is absolutely acceptable from the market and there is not an illegal breach of any business name.

What worries me is that there is one company in Europe that is using the same name/word e.g. 'Euro' existing of two words and the same for their website. My chosen name is the same as theirs for the two words but I'm using a third word which makes it different. Also, our logos are quite similar. They are registered companies in the European Union not in the UK and they are selling goods worldwide including the UK. Hence, I would like to prevent any possible legal action against me in the future and would like to take any necessary actions needed now that I am at the beginning.

Has anyone come in a similar situation or knows what steps I need to follow or where I can seek any help?

 

[Paul Kelly ICHYB]

Registering a business does not protect the name. The only way to do this is by registering the intellectual property.

 

[Gyumri]

My chosen name is the same as theirs for the two words but I'm using a third word which makes it different. Also, our logos are quite similar. They are registered companies in the European Union not in the UK and they are selling goods worldwide including the UK

I would think about registering your name as a trademark if it is possible to do so and your logo as a design. Alternatively try to use a logo which is not likely to cause any confusion.

 

[cjd]

The problem you face is that whether your name is legally defensible or not really isn't the point - it's whether you can afford to defend it against a large company prepared to fight you for it. You're looking at 6 figure legal costs, so in practice it's better to find a name that won't upset anybody with deep pockets and aggressive intentions.

 

[Panoramix IP]

Commissioning a trade mark search would be very wise if you are at all concerned. As the name you are using is not identical to that used by others, it would not be a straight forward yes you infringe earlier rights, or no you don't. You need professional advice to give you the confidence to move forwards. That being said, you could simply file a trade mark application to flesh out any problems arising from earlier registered trade marks. If another company opposes your application you can either fight it or rebrand. It is better to have knowledge of a problem early on rather than after you have been trading for some time. The caveat to this is if the earlier users of the mark have not registered their trade marks in the UK, they may not be made aware of any trade mark application that you file. The best approach here would be for you to speak with a trade mark lawyer and seek professional advice on what you can and cannot use.