Logo question

[Stephanie Galloway]

Sorry if I’m not posting this in the right place, i’m new!

I just wondered if someone could please advise. Say for example my registered company name is Lemon homewear, my website is lemonhomewear. com (it’s not, I have no idea if this is a real site!) however I want my logo to just incorporate the word Lemon. I’ve done a search and there is already a company registered with this name. Therefore do I have to include ‘Homewear’ In my logo or can it just be Lemon despite this being a registered company name?

Thank you!

 

[LiveNetworks Ltd]

I can't say for certain yes or no but the issues I'd see are:-
Is there a risk that your logo could be mistaken for the other company?
If so they'd potentially be able to ask you to stop using it.
Is their logo trademarked? If so, again, anything that is close or causes confusion to customers is likely to get a fairly strong solicitors letter.

I'd say unless you're in wildly different markets try to avoid it.

 

[Gecko001]

The actual ltd company names are probably not really too important in this matter since Companies House will not let anybody register a company which has exactly the same name as another company's name. So it is better to think in terms of trading names.

Your trading name will be the name that you use in your logo or packaging or marketing literature. It will in effect be your brand name. In this case it will be "Lemon" or "Lemon Homewear" Your company name will be "Lemon Homewear Ltd" (I am assuming it is a limited company rather than an unlimited company or a sole trader business).

Since "Lemon" is not a made up name it cannot be protected very easily. But many companies have deep pockets and will dig deep into them to pay their best lawyers to successfully sue other businesses who use the same or similar names to their trading or brand name. So it is really down to how much you can afford to protect your name and even common names such as "Lemon" can be protected.

As above would need more details of to make more comments.

 

[g]

Clarifying some of the above, the simple answer to the question...

• 'Do I have to include ‘Homewear’ In my logo or can it just be Lemon despite this being a registered company name?

...is 'no you don't, and yes it can'.

Company registration is independent of trademark... and so there might be a potential infringement of any relevant registered trademark, or a basis for a 'passing-off' action against you for any appropriate unregistered trademark.

Also, if the design of a logo is similar to another, there may also be grounds for an action against you.

 

[Stephanie Galloway]

Thank you all for your replies!

I just wondered, how would I know if I was infringing a registered trademark? Surely there are so many logo designs out there, it would be impossible to know if your design is similar to another company's. For example if I used an illustration of a lemon, how would I know if someone has trademarked this? Sorry if this is a silly question - completely new to all this!

Also if a company doesn't trademark their branding does this mean that anyone could copy it without any legal implications. As a new company starting out is it always advisable to trademark?

Thank you

 

[Alan]

I just wondered, how would I know

well you can search e.g.
https://trademarks.ipo.gov.uk
https://euipo.europa.eu/ohimportal/en
https://www.uspto.gov/trademarks-application-process/search-trademark-database

or you can employ a professional

Also if a company doesn't trademark their branding does this mean that anyone could copy it without any legal implications.

No people can't copy (copyright laws) or pass off / misrepresent

As a new company starting out is it always advisable to trademark?

Rarely. But it all depends.

 

[g]

Probably 'yes'.

A relatively low initial cost can help prevent potentially expensive issues later...

1 If the mark is rejected (as too similar) it'll prevent an action against you.

2 Make it easier to protect your own design against potential infringement.

Perhaps a worthwhile analogy is that of a fire extinguisher - likely be unused for years, but better to have one and not need it, than to need but not have one.

 

[Deleted member 59730]

As a new company starting out is it always advisable to trademark?

Yes, yes and yes!

This site frequently has people with problems who didn't take this elementary step.

 

[Gecko001]

Trademarking only protects certain aspects of a logo. I does not usually protect the name.

 

[g]

Trademarking only protects certain aspects of a logo. I does not usually protect the name.

Adding to the 'Gecko001' post, although it doesn't prevent registration of a dis-similarly named company or domain, appropriate protection can help defend your mark and/or actions against you (can help gain control of domains, and or force company-renaming).

• Generally, a trademark (a word, phrase, symbol, design, or combination that helps consumers identify a particular product) typically protects brand names and logos used on goods and services.

Sensibly, (which probably many-to-most of us - including me - aren't), get appropriate pro advice.