Protecting a company name

[-Chris-]

If you were a sole trader what would be a good way to stop someone using the same company name? Would the answer be to get the name copyrighted / trademarked etc ?

 

[AdamTMA]

A trade mark registration is the most useful weapon to have in your armoury if you wish to stop third parties from using your name.

It is worth remembering that applying to register a trade mark puts your business in the public eye. There are numerous instances of people in your situation applying for marks which third parties consider too similar to their rights. This can result in that third party objecting to the registration of the mark, and more importantly the use of the applied for name. I say this as merely food for thought if you are considering applying for your mark - of course have no knowledge of what you mark is.

 

[-Chris-]

Thanks Adam, that's appreciated. Any other ways of protecting it?

 

[AdamTMA]

The alternative is to rely on unregistered trade mark rights i.e. the tort of passing off. This means that should someone set up shop with a similar name to you, you would need to prove that you have goodwill in your mark, that they are misrepresenting themselves as you, and that misrepresentation has damaged you in some capacity. Proving these three elements of a passing off claim is complex, costly and time consuming. As a result, the registered trade mark system has existed here in the UK since 1876.

A registered trade mark is what you need - perhaps we should have a conversation?

 

[-Chris-]

What costs are involved with your services?

 

[AdamTMA]

a UK application in 1 class starts from £420 (including registry fees).

 

[-Chris-]

Thanks, is any part of that refunded if the application is not successful?

 

[AdamTMA]

There isn't unfortunately. However, the vast majority of our applications are successful, primarily because we advise of foreseeable issues before the application is filed.

 

[-Chris-]

Thanks. It's the shortage of available funds that is limiting me at the moment.

 

[Pendulum]

If you were a sole trader what would be a good way to stop someone using the same company name? Would the answer be to get the name copyrighted / trademarked etc ?

If you are trading as, for example, Burgundy Flanges, then register Burgundy Flanges Limited as a dormant company. That will cost as little as £13 per year, and would stop a direct rip-off.

Then, if possible and if you are prepared to spend a bit more, register burgundyflanges.com and burgundyflanges.co.uk. Based on personal experience however, I'd say you're quite likely to find the company name is available but the domain names are not.

 

[obscure]

If you are trading as, for example, Burgundy Flanges, then register Burgundy Flanges Limited as a dormant company. That will cost as little as £13 per year, and would stop a direct rip-off.

Then, if possible and if you are prepared to spend a bit more, register burgundyflanges.com and burgundyflanges.co.uk. Based on personal experience however, I'd say you're quite likely to find the company name is available but the domain names are not.

Sorry but none of these suggestions would provide any legal protection or benefit. A Ltd company registration give you no right to use a trademark and no protection if someone else starts using a mark. Likewise registering domains just gives you domains.... no right to a trademark.

If someone else started using a mark that the OP was already trading under they would still have to do what Adam said, which is sue for passing off.... which is going to cost more than the £420 they don't have to register the trademark.

 

[Pendulum]

How amusing. You seem to have some super powers that enable you to look past the words a person uses and see their actual hidden meaning, whereas I am only able to see the words themselves. If only the question had been posed in plain English...

Try reading the actual wording of the question again. What was being asked was how to protect against a sole trader's business name being used by another party as a limited company. (Perhaps that was not what you think was intended to be asked, but that is what the words used mean when put together in that fashion.) The sole trader registering that limited company name first is in fact the best possible protection against that, as it makes it impossible for anybody else to do for as long as it remains active.

 

[obscure]

[childish pettiness snipped]

What was being asked was how to protect against a sole trader's business name being used by another party as a limited company.

No it wasn't.

He's asking how to protect his trading name and if a trademark or copyright is the right answer. The answer (as Adam said) is to register a trademark. Registering a Ltd provides no protection whatsoever for a trademark. It is a waste of money. Even if some other company were to register a Ltd company at Companies House, that is all it is. An entity created for the purpose of Companies House to keep track of filings. They still wouldn't have any legal right to trade under that name because the OP has prior use (and hopefully soon a registered trademark).

 

[The Byre]

Sorry but none of these suggestions would provide any legal protection or benefit. A Ltd company registration give you no right to use a trademark and no protection if someone else starts using a mark. Likewise registering domains just gives you domains.... no right to a trademark.

This!

Common law countries (e.g. US, England & Wales, Canada) recognise common law trademarks and all a business has to do is to trade under that 'mark' or 'marque'. Trademarks rights must be maintained through actual lawful use of the trademark. These rights will cease if a mark is not actively used for a period of time, or if the owner of a TM allows others to openly and repeatedly use that TM name.