Name similar to own in same field

[ERDesign]

I am in the process of starting up my own business and I have recently registered a domain name and a company name with companies house (I will be trading as a sole trader and the Ltd company will remain dormant for the time being).

When I originally began my searches for my company name I didn't find anything too similar but since purchasing my domain, registering with Companies House, ordering business cards and setting up a holding page for my website I have come across a company in the same field with a very similar name to my own, eg, say mine is called 'Pink Elephant design' theirs is 'Elephant Pink'. They are not registered with companies house or present on the Trademarks register but as my website is due to go live in a few short weeks I am a little concerned over this issue and would like any advice to help me on my way. From a bit of research I have done since this discovery it looks like the other company has been trading for a few years - Please help.

 

[shemseddine]

Well as long as you are on the top of the list when you search for the keywords on let's say google or bing, then you have nothing to worry about.. else, try and become at the top of the list.

 

[1Click2Start]

My advice would be to attempt to register your trade mark as quickly as is possible to avoid any unnecessary complications with your business.

I think you can apply online on the Trade Mark Registry website for something like £175.00.

 

[fisicx]

This happens all the time. You can't stop them trading or using the similar name. What they can do is complain that you are passing off (if there could be some confusion over which business is which).

Just registering a name with companies house doesn't give you any automatic rights. Do a google search for erdesign and you will see there is no exclusivity.