How to protect my business name - important

[sky_rise]

Hello dear members,

Will be thankful for your kind help.

I have registered a company (and Ltd name is unique - it is not used by any other company legally registered). However, I later realised that there is a "company" in the UK that is not registered under that name officially, but is named exactly as we are (this is a one man "company). So, they also use website domain that is similar to ours. Business is different, but both are in information services industry.

Please kindly advise how we can protect our company name to avoid any legal issues, maybe do copyright, trademark, anything else? Or, do we need to keep the legal registration Ltd name but change the trading name?

Many thanks!!

SR

 

[obscure]

Please kindly advise how we can protect our company name to avoid any legal issues, maybe do copyright, trademark, anything else? Or, do we need to keep the legal registration Ltd name but change the trading name?

If he started using the name first then you can't get protection as he will already benefit from unregistered Trademark protection as a result of using the name.

I'm afraid that registering a company name at Companies House has nothing to do with owning or protecting a trading name. It is just the name that identifies the legal entity that is your company. However many companies use a totally different brand name when trading - this brand name is what you register as a trademark - but even if not registered, just using it generates trademark protection. If you try to register the trademark he can object and have the application thrown out.If you start using the name he may sue for trademark infringement or passing off. I would suggest you start thinking of a new name.

All the above assumes that he is operating in the same industry as you. If he is in a completely different industry then you would be free to register the trademark for your particular use/industry.

 

[Octa]

Is this other business actively trading?

 

[sky_rise]

obscure and Octa, thank you very much for your help.

So best would be to do is to keep the same registered Ltd name, but rebrand the trading name?
Also, do we need to change our domain name in the internet and email addresses?

we are operating in information industry, but one is doing events, and other more of consulting. but there is some overlapping.

The other person is trading as i can see.

I will welcome your further advise.

Regards, SR

 

[fisicx]

I would choose another domain so there is no possible confusion. The last thing you need is people googling your business name and seeing the other business on page one.

 

[sky_rise]

Thank you fisicx, this is the valid point.

 

[Chris Ashdown]

Why not just include either events or consulting in your domain name or anything else that makes a difference

 

[LowPrices.uk]

I agree with what others have said, i.e. Companies House registered name is just for admin/tax purposes.

If you want protection of a brand name, you need to register a trademark for it. The brand name can be different from your registered company name.

If you don't want any problems, choose a unique name that no-one has ever used, use it as your "Trading As" name, and take out a Trademark for it.

 

[pickaweb]

Unfortunately anyone can register a domain name. Business or individual.

 

[Trademarkroom]

All valid points! If you do come up with a different trading name (your brand) then check it's available first. You can use the UKIPO search facilities free of charge: https://www.gov.uk/search-for-trademark

If you'd like any help with this- please feel free to contact us.

 

[Sam Richards]

I would be cautious to go down the rebrand / new domain route, it can be prohibitively expensive and often you end up finding find a bunch of things you've never thought of.

The first person to start using the trademark has legal rights to the name, there is very little way round it.


The same applies to the domain name, the first person to register it is usually considered the legal owner.
If it is truly a one man band, it is unlikely your going to get any grief over it, although I wouldn't count on it.

If it was me I would go about focusing on strengthening up your own brand beyond the other one, just be careful you have legal rights to the name before you start.