Need some advise RE: Business Name

[nikki2010]

Hello

I wonder if someone could adivse me with some problems im having with a business name.

Basically, I make hand-made cards and stationery and after some time have decided i would like to make a business out of it, currently i have had two orders (which were freebies to get name around) and some interested but as im not live as yet im not taking anymore orders (will also contact tax man within the 3 months once trading)

However my problem is it took me ages to think of a name, finally between friends we came up with the perfect name, i serched around on the internet and only found one other company with the name i choosen but it was a completly different sector and also didnt have the word Stationery on the end as my name does (Crafted Elegance Stationery). So with that it stuck ive been telling people thats what its going to be ordered business cards and other business stationery too. I also created a facebook page as this is where i wanted most of my advertising to come from! However this morning i went into edit my facebook page and it appears there is another company called "crafted elegance" but they sell wedding stationery! Basically im unsure where i stand, i have looked on company house (not the easiest website to understand) and it dosnt appear (could be wrong) that there is a company registered as "Crafted Elegance Stationery" so does this mean i can keep my name. Also would the best senerio be to register my company in this name to risk loosing it again? Would it be easier to copyright the name? I have no idea at what costs are involved in doing this? But the name is just perfect and i really dont want to risk loosing it...

Can someone advise on my best option please?

Thanks Nikki

 

[Kernowman]

If the company has the same name and is registered, operating in the same business sector as well, your best bet is to find another name. Do it NOW before it gets expensive to change once your website and advertising has been sorted.

 

[nikki2010]

Hello

it dossnt appear that the other company is resistered. They are tradeing under "crafted elegance" however my name is "crafted elegance stationery" im not to sure where else i can check to see if this company is already registered but its on the 4th page of a google search and that only takes you to their facebook page. Ive check at company house and it dosnt appear to be registered there either ??

Nikki

 

[Chris Ashdown]

Keep it simple and avoid using the name of someone who may complain latter on how about using "Stationery by Crafted Elagance"

No 1 get the site
No 2 Copyright the name

 

[filtuh.com]

Where's the other company based? And do they have a reg'd trademark on the name? I'd say not, as the word elegance would probably be prohibited from being trademarked.

How about 'Elegantly Crafted Stationery'?

Make very certain your website does not match theirs, and if you're not planning to offer wedding stationery and they don't compete with your products then put a link to them on your site*




*wiser people than me may be able to tell you if this is a horrible idea

 

[longleaf1]

Just because it isn't registered with companies house doesn't mean they will let you have the name as it may be too similar. Bear this in mind as well.

 

[nikki2010]

Thanks for responces.

Surely if i use stationery by crafted elegance im still using the name so crafted elegance stationery will have the same effect..

How do i copy right a name? It dosnt appear on facebooke that it is copyrighted or trademarked. How do i go about doing this for my name? If i did so would the other company have to change name?. Do i also need to buy the domain name even if i dont plan on going live with a website yet?

I already have all my stationery in the name i original choose so will be loosing a lot of money if i have to change it , and im a bit weary of chaning it if i can get round the issue before taking drastic action.

Nikki

 

[Kernowman]

If the domain name is available, then put your name on it even if you don't intend to use it just yet.

In normal circumstances, if your name clashes with another similar name for an already established website, then you can be accused of "passing off", in other words piggy backed onto an already established brand/company name.

If you want to trademark it, then read up the info on this website:

http://www.ipo.gov.uk/tm.htm

 

[Business1Solutions]

I have just checked on duport

http://www.duport.co.uk/company-formation/order.php?name_search=true

and yes it is available - but do not order it off them, others do it much cheaper.

 

[LicensedToTrade]

It sounds insanely messy already. Why give yourself any grief further down the line? You have only had a couple of orders and these seem to predate the use of any company name so why not just come up with a new one? If I'm honest the name isn't great to start with, it sounds like just another one of the many thousands of hand-made card start-ups.

So you have bought a few business cards, made a facebook page - it is hardly a Saatchi & Saatchi portfolio. Get this sorted in the early days before you invest any significant time and money.

Hope you get this sorted, best of luck to you.