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Registering company name

Discussion in 'General Business Forum' started by AugAudio, Sep 11, 2020.

  1. AugAudio

    AugAudio UKBF Newcomer Free Member

    8 0
    I'm starting out as a sole trader -- not yet registered as pre-set up, and have a year to do so.

    I want to know:
    - how I can register my company name, and whether this is the same as trademarking a name. (I assume there is a difference here) Should I trademark, register a name or set up a dormant company, or do these describe the same process?
    - Can I use a name that is also being used by another company registered with Companies House or is this prohibited?
    - Can I use my company name without registering it?
    - I want to register my name without yet registering as a sole trader as I've not made income yet / I'm not properly set up. At the very earliest stages.

    There may be some errors/confusion in my post - I'm very new to legal compliance & business.

    Thanks in advance -
    August
     
    Posted: Sep 11, 2020 By: AugAudio Member since: Aug 25, 2020
    #1
  2. obscure

    obscure UKBF Ace Free Member

    3,306 844
    You should trademark the name that you want to trade under.

    Registering a (dormant) company is pointless as it does not give you any rights to trade under that name. It might be useful if you plan to go Ltd in the near future but for protecting a trading name it is Trademark registration you need.
     
    Posted: Sep 11, 2020 By: obscure Member since: Jan 18, 2008
    #2
  3. Scalloway

    Scalloway UKBF Legend Free Member

    16,390 3,466
    Companies House will not let you register a name that is the same as or very similar to one that is already registered. As a sole trader you can use a trading name without needing to register it anywhere but if an existing business is already using it you may be in trouble.

    You can only do this if you register a company with Companies House or register a trademark.
     
    Posted: Sep 11, 2020 By: Scalloway Member since: Jun 6, 2010
    #3
  4. MyAccountantOnline

    MyAccountantOnline UKBF Legend Full Member

    13,216 2,476
    Another consideration - is it wise to do that?

    Is it really worth the potential legal issues and confusion this is going to create?
     
    Posted: Sep 14, 2020 at 11:55 AM By: MyAccountantOnline Member since: Sep 24, 2008
    #4
  5. Panoramix IP

    Panoramix IP UKBF Regular Full Member

    122 22
    Irrespective of the name you choose to use, you should determine whether anyone else has earlier rights in the name in connection with similar goods and/or services. While registering a trade mark yourself is relatively straightforward, understanding the risks of using a particular name is not. I would recommend speaking with an IP lawyer to help you weigh up the options.
     
    Posted: Sep 18, 2020 at 10:43 PM By: Panoramix IP Member since: May 4, 2015
    #5
  6. Mark T Jones

    Mark T Jones UKBF Big Shot Free Member

    4,802 1,815
    At this stage there are only 2 parties who care about your brand. You, and anyone who feels you are conflicting with them

    first step is to avoid the latter with some research

    if you truly believe your brand is going to be important then you can trademark it (possibly)

    alternatively, buying the company name and associated domains will give you precedence and make it difficult for others to copy (at an ongoing cost!)
     
    Posted: Sep 19, 2020 at 8:40 AM By: Mark T Jones Member since: Nov 4, 2015
    #6