Looking for advice, 2 other businesses are using my company name

[Thenurseclinic]

Evening
I am looking for some guidance please.
I own a LTD since 2021 and it came to my attention over the past few weeks via social media and patient enquires that 2 other businesses in the UK are using the same name as my company. I have trademarked my logo which included my business name, I am also obviously registered at companies house.
It appears they both have changed their names in 2023 but are not registered with companies house.
I spoke to the FSB who got advice from a trademark infringement lawyer and has advised that I have less than 50% chance of success of legal action if I pursued it due to the logo being different
I am awaiting their advice regarding the use of the actual company name rather than the logo because I assumed that this was also part of intellectual property too because it forms part of the logo?
Does anyone else have any experience in this area?
Has anyone else in the forum experienced a similar scenario with another business using your business name?
I am more puzzled at how I have trademarked the logo/name and registered as a company but it has still been copied and all of the legal advice I have been given so far appears to suggest I have no protection ?
I would really appreciate any information whilst I await my legal advice
Thanks in advance

 

[fisicx]

A trademarked logo doesn’t give you any rights over the name, website, social media or even a product.

The company name is just a record of that name. There are loads of businesses with same name. The only difference is yours had Ltd at the end.

As long as the aren’t passing off there isn’t much you can do. You can ask them to change their name but they may be able to prove they were trading before your incorporation.

It can get expensive and messy.

 

[Thenurseclinic]

A trademarked logo doesn’t give you any rights over the name, website, social media or even a product.

The company name is just a record of that name. There are loads of businesses with same name. The only difference is yours had Ltd at the end.

As long as the aren’t passing off there isn’t much you can do. You can ask them to change their name but they may be able to prove they were trading before your incorporation.

It can get expensive and messy.

Thanks, I have reposted this in the legal section of the forum rather than the general chat as it may be more appropriate there do you think?

 

[Thenurseclinic]

Thanks, I have reposted this in the legal section of the forum rather than the general chat as it may be more appropriate there do you think?

Well I learnt something from you! I wasn’t aware that there were loads of businesses with the same name, my understanding was one of the benefits of incorporation was to protect a company name. ?

 

[fisicx]

Take a look on CH. there are thousands of almost identical company names.

Trademarks give you limited protection. Except you trademarked the logo not the actual words.

 

[Lisa Thomas]

Maybe just the threat of legal action will be sufficient enough to convince them to tweak their trading name.

 

[Lisa Thomas]

or maybe tweak your trading name. It won't take much to change the logo and start using it going forward.

 

[Thenurseclinic]

Maybe just the threat of legal action will be sufficient enough to convince them to tweak their trading name.

Thank you for that advice. I will look into a polite letter to send!

 

[Thenurseclinic]

Thank you for that advice. I will look into a polite letter to send!

I must admit I feel nervous about sending a letter to them, it’s got to be done though! Both companies have rebranded to use the same company name as me within the last year and I have been trading since 2021 so I guess there won’t be any issue with them saying they had the name first will there ?

 

[UKSBD]

If it's the name in your profile, did you receive permission to use it in a company name?

I would be careful how you approach the other businesses or you could be stirring up a hornets nest.

 

[Thenurseclinic]

If it's the name in your profile, did you receive permission to use it in a company name?

I would be careful how you approach the other businesses or you could be stirring up a hornets nest.

Sorry I’m not sure what you mean, my business name is The Nurse Clinic. I am registered on companies house as The Nurse Clinic LTD. I trademarked my logo which includes The Nurse Clinic words but I wasn’t able to trademark the words only as they were too common so I was advised to trademark an image instead. I also own the domains too.
Any advice you have would be appreciated!
I don’t want to stir up any trouble but I am a little concerned that there are 2 other businesses using the same name and seem to be getting the impression that regardless of what I have done so far in an attempt to “protect” what I have built as a brand it doesn’t seem to matter ?

 

[UKSBD]

Although Nurse isn't a protected word (Yet, there are campaigns trying to get it protected), I think it is classed a sensitive word regarding Company names.

Whether that really matters depends on how risk averse you are, as it doesn't seem to be enforced that much.

 

[Thenurseclinic]

Although Nurse isn't a protected word (Yet, there are campaigns trying to get it protected), I think it is classed a sensitive word regarding Company names.

Whether that really matters depends on how risk averse you are, as it doesn't seem to be enforced that much.

I had to prove I was qualified as a nurse to use the name as my company name.

 

[Thenurseclinic]

I had to prove I was qualified as a nurse to use the name as my company name.

Although Nurse isn't a protected word (Yet, there are campaigns trying to get it protected), I think it is classed a sensitive word regarding Company names.

Whether that really matters depends on how risk averse you are, as it doesn't seem to be enforced that much.

My issue isn’t the fact they are using the word “nurse” it is that they are using the exact same business name as mine. Is this actually allowed? They are both sole traders, I am a LTD. They have both called themselves The Nurse Clinic.

 

[fisicx]

The words aren’t trademarked so using them as a business name isn’t restricted.

Registering a company doesn’t give you any protection.

I think you will struggle to get them to stop using the name.

 

[Thenurseclinic]

The words aren’t trademarked so using them as a business name isn’t restricted.

Registering a company doesn’t give you any protection.

I think you will struggle to get them to stop using the name.

How frustrating ?. Thank you for getting back to me.

 

[fisicx]

Consider also that there are loads of variants of the name someone could use.

For example: the nurses clinic or just nurse clinic.

Sometimes it’s better to have a less restricted name for your business. A common approach is to use your name (or a made up name). That way it allows the business to expand and divert.

 

[Thenurseclinic]

Consider also that there are loads of variants of the name someone could use.

For example: the nurses clinic or just nurse clinic.

Sometimes it’s better to have a less restricted name for your business. A common approach is to use your name (or a made up name). That way it allows the business to expand and divert.

That’s a good point actually.

 

[fisicx]

If you were called ‘The Bedford’ you could do lots of things that were not just nursing. You could have an addiction centre, wellbeing groups, mental health and so on. The name nurse clinic can paint a very narrow picture in people’s minds. I’m struggling to work out exactly what is you do. It wasn’t until I looked at your website it was a bit clearer. But even then, is there a big problem getting a GP appointment in Bedford?

 

[Newchodge]

Your protection is that they cannot pass themselves off as you (pretned to be you). If, for example, you provide a service that is geographically located, for example, based in Hemel Hempstead, and they are based in St Austell, no one would mistake you for each other, but if you are based in Hemel Hempstead and they are based in St Albans, you may accuse them of 'passing off'. I suggest you speak to a commercial solicitor if you intend to send a letter. They will know how to word it.

 

[Thenurseclinic]

So to clarify, because one if the businesses is a sole trader and has rebranded last year to start using my company name their isn’t anything I can do about it?
The other business is a LTD registered at companies house under a different name but has started using the company name and also now my company name too
So far after legal advice it seems I am unable to go for trademark infringement , or passing off.
I am interested to know if anyone knows of any other approaches or protection I may have for my brand that I have built?

 

[fisicx]

As has already been said, there is very little you can do.

Registering a company doesn’t give you any rights over the words in the name. Trademarks will do that for you but you can’t trademark the common words you are using.

Just look at how many Amazons there are registered at CH.

They aren’t passing off (different locations) so you will just have to be better at marketing than they are.

Or change your name to something less generic.

 

[Thenurseclinic]

As has already been said, there is very little you can do.

Registering a company doesn’t give you any rights over the words in the name. Trademarks will do that for you but you can’t trademark the common words you are using.

Just look at how many Amazons there are registered at CH.

They aren’t passing off (different locations) so you will just have to be better at marketing than they are.

Or change your name to something less generic.

I didn’t realise there were so many Amazons on companies house !

 

[fisicx]

I didn’t realise there were so many Amazons on companies house !

Do you now see the problem.

Your choice of company name is going to cause you all sorts of problems in the years to come. Not least because it limits what you do. And someone could set up a hundred businesses all with a similar name but different locations.

 

[Thenurseclinic]

Do you now see the problem.

Your choice of company name is going to cause you all sorts of problems in the years to come. Not least because it limits what you do. And someone could set up a hundred businesses all with a similar name but different locations.

So the only way around it would be to come up with a unique company name and then trademark the actual name

 

[fisicx]

So the only way around it would be to come up with a unique company name and then trademark the actual name

Correct.

Remember, the company name is almost irrelevant. It’s your trading name that people remember. I don’t use my company name anywhere except on my invoices.

And don’t have a trading name that is too specific. The more generic the better. Amazon tells you nothing about what they do which is why they now do everything.

Spire Healthcare doesn’t tie them down to one type of treatment. They can do whatever they want.

 

[Ozzy]

There is nothing I can add to the advice above, which is correct and valid, but I want to share the difference in trademarks that you have.

You have an 'image mark' registered, which is a graphical image that just happens to have some words on it which are The Nurse Clinic. To protect actual words from being used you need to register a 'word mark', the example I could give is this website. We have the words 'uk business forums' and also 'ukbf' registered and protected at word trademarks, so if someone did try to use either of those we have legal right to stop them. If we had our logo trademarked that has the letters UKBF in it, not so much.

 

[Thenurseclinic]

Correct.

Remember, the company name is almost irrelevant. It’s your trading name that people remember. I don’t use my company name anywhere except on my invoices.

And don’t have a trading name that is too specific. The more generic the better. Amazon tells you nothing about what they do which is why they now do everything.

Spire Healthcare doesn’t tie them down to one type of treatment. They can do whatever they want.

That is extremely helpful. I might actually consider rebranding and trademarking a a logo and name as 2 separate entities. Thank you both @fisicx @Ozzy

 

[fisicx]

Donna Dady Healthcare

Simple and nice and generic.

PS: Get some help with your website. Whole long list of thing a need fixing.

 

[Dickinson458]

Hi,

I am a commercial litigation solicitor based in Liverpool. We deal with these kinds of matters.

Are you free for a quick call?