Securing your company name?

[JTSystems]

Hi there,

how do i go about securing my company name?

For example,

If I am

my name trading as JTSystems is it legal for someone to then register JTSystems Ltd, or do I have some legal ground to say they are taking my name?

And vice versa, If I take JTSystems Ltd can some one begin trading as JTSystems?

How does this work?

 

[JTSystems]

.....?

Nobody know?

 

[oldeagleeye]

Many people register the Limited Company to secure the name and leave it dorment trading wise. All that does is prevent another company from doing so at Companies House. You have to remember too that CH do have to be a bit flexible. There are 1000's of Johns Smiths for instance. So you could get John Smith Ltd or John Smith (London) Ltd. If someone deliberately trys to cash in on your name and business reputaion however you can complain.

This applies if another party sets up shop with the name Joe Blogs trading as JT Sytems. You can complain to the bank.

You can't complain to Nominet or Iccan however if you register the domain JTSystems. co. uk and some-one registers another with a .Com. It is always best to buy all the TLD's Top Level Domains) then. Co.Uk. .Com & Biz . After all it's only about £25 quid a year and there are a lot and dealers buy these and then contact you later demanding huge premiums.

Limited company by the ways costs about £25 quid. Rob

 

[oldeagleeye]

You might want to get rid of that 'notvalidyet.com' on your profile. It is the sort of thing spammers do.

 

[JTSystems]

Notvalidyet? where abouts, sorry?

 

[OscarM]

If you are already trading as JTSystems you may have trouble keeping that name in the future. There is already a company called J.T. Systems Ltd. In the eyes of Companies House, punctuation makes not differente co a company name, therefore you would not be able to register JTSystems LTD. The current holders of J.T. Systems Ltd could complain and stop you from trading under that name. They incorporated the company in 1990 so they also have quite a long history to base their claims on.

You can register company names online now. It is pretty easy and straightforward. Typically you will just need to provide the name and address of a director and a shareholder. These can be the same person. You would also need to provide your own registered office address if you have one. Otherwise the formation agent can usually offer you the use of their address as your registered office.

Our sister company, Companies Made Simple, offers these services and more. You may be interested in having a look at what they offer. Their prices are also probably the lowest you'll find online.

 

[oldeagleeye]

Under your name at top left of page it has your homepage. This leads to a dead 404 message notvalidyet.com.

The companies made simple group are great. They do a Silver package which includes registered address for about £69 quid. Many companies charge that just for the registered office. Rob

 

[JTSystems]

JT Systems was just a suggestion not the name i will be going for, but thanks for looking into it.

We just have a concept and before registering as a limited company wanted to start up as a sole trader and move thing forward.

Only once we start hitting tax thresholds would we bother with a Ltd company.

So i guess the only safe way is to register as limited and put it down as dormant account? but continue as sole

-- I don't have a valid company site right now, but will do soon, so this will change in few weeks.

 

[CWC.]

I have a question I'd like to ask on this subject, and seen as this discussion is over yet the thread title fits I'll post here.

I'm a sole trader.

Yet, I would like to secure a company name, but have found going limited is something that at this moment in time wouldn't benefit me too much.

Yet, as it's something I'd like to do in the future, would like to secure a company name now, yet only know going Ltd as the only option.

I'm speaking to my accountant next week about it, as he is away right now, and as it's something I'm quite anxious to do, does anyone have advise on securing a name, but not going Ltd, or even any other thoughts?

Thanks.

 

[CWC.]

I have a question I'd like to ask on this subject, and seen as this discussion is over yet the thread title fits I'll post here.

I'm a sole trader.

Yet, I would like to secure a company name, but have found going limited is something that at this moment in time wouldn't benefit me too much.

Yet, as it's something I'd like to do in the future, would like to secure a company name now, yet only know going Ltd as the only option.

I'm speaking to my accountant next week about it, as he is away right now, and as it's something I'm quite anxious to do, does anyone have advise on securing a name, but not going Ltd, or even any other thoughts?

Thanks.

please someone!!

 

[TODonnell]

3 options as I see it:

- Register the trademark at http://www.ipo.gov.uk/types/tm.htm
- Register a limited company at Companies House
- Employ a big goon named Ron to "'ave a word" with people who infringe your name.

Personally, I would wait until you're doing serious business. If you get successful enough that people might want to copy you or pimp off what you do, then, start registering.

A limited company has responsibilities attached that might be a bother to a one-man band who doesn't know much about accounting. But that's what accountants are for

 

[AMS11]

Try this option - They 'supposedly' ensure your business name is protected - for a yearly fee.
http://www.start.biz/business_names/how_to_register.php?gclid=CNPezM6m0rcCFUXMtAodB14AMA

 

[Trademarkroom]

Hi. Take a look at this article on our blog

http://www.trademarkroom.com/trademark-facts-for-your-business/

Please also feel free to download our guide to trademarks. Getting a registered trademark is the best (0nly) way to protect your brand from infringement- it gives you the sole right to use your brand and prevent others from using it without your consent.

Take a look at UK IPO website- it's very useful.

 

[StevensOnln1]

Registering a limited company does not stop people trading under the same name, it just prevents them registering the exact same name as their own limited company. e.g. If i registered StevensOnln1 Ltd it would not in itself prevent someone else trading as StevensOnln1 as a sole trader or under another limited company.

The National Business Register linked to by AMS11 is a private company and does not give additional any legal grounds to prevent someone trading under your business name.

 

[CWC.]

Thankyou for the replies.

I have thought that maybe registering the limited company name, for example '999 Ltd', but then keeping it dormant and sole trading under '999'?

It's a great business idea which if al goes well should mean minimal expenses and hopefully in time significantly larger returns, but I'm getting anxious over it as you do with great idea's and part of the territory is business name.

I'll speak to my accountant and you've all given great info I can ask him about more.

Thanks for the replies guys

 

[StevensOnln1]

Nothing wrong in doing that if you're planning to use the Ltd company at some point but it doesn't prevent anyone trading under your business name. Don't forget you'll need to file annual return and dormant accounts for the company each year.

The only way to stop anyone else trading under your name is to register a trademark (if the name you want is possible to trademark).

Sent from my GT-P1000 using UK Business Forums

 

[squeekwheel]

For what it costs on ipo.gov.uk - I'd apply for a trademark - it will save a lot of trouble later down the line

 

[stallfinder]

We've finally just got our trademark through. It cost a bit more to do than we hoped (almost £2k) as we had to go appeal but worth it I hope. We've had a few people setting up Facebook pages using our business name in the past.

 

[CWC.]

And what did you trademark stallfinder?

 

[stallfinder]

And what did you trademark stallfinder?

Stallfinder

 

[David Warrilow]

Registering a name at companies house doesn't give you any rights to use it or to stop anyone else using it.

The only way to protect a name (without having traded so as to gain unregistered trademark or 'passing off' rights*) is to register the name as a trademark.

Doing so provides exclusive rights to use identical/similar names in respect of identical/similar goods/services.

Registering a trademark early can save you a lot of hassle and money later on.

Going through the trademark registration process also acts as a check to make sure that you are not going to infringe anyone else's registered trademark rights, as the search done by the UKIPO should bring to light any conflicting UK or EU 'Community' trademark applications/registrations. However, it should be noted that the UKIPO search doesn't cover any possible unregistered trademark rights.

* N.B. I wouldn't recommend trying to rely on unregistered trademark rights as they are generally a lot more difficult (and therefore expensive) to demonstrate and enforce. Further, you're not guaranteed to be able to demonstrate that you have accrued unregistered trademark rights unlike a registered trademark, which can provide rights from the filing date.

 

[jneen76]

Nothing wrong in doing that if you're planning to use the Ltd company at some point but it doesn't prevent anyone trading under your business name. Don't forget you'll need to file annual return and dormant accounts for the company each year.

The only way to stop anyone else trading under your name is to register a trademark (if the name you want is possible to trademark).

Sent from my GT-P1000 using UK Business Forums

I am trying to set up a new business, and have found your answers VERY satisfying. This last thread i thought I would join in as it related to me in some way. After a conversation with Business link and the IPO,about my business name "UK Curb Appeal"(which i registered .co.uk domain) the gentleman on the phone kindly pointed out that the use of U.K in the name may be a problem as it sounds like a government type of service? What does anyone else have an opinion on this? Thank you, Janine

 

[jneen76]

How do i find out if UK is acceptable in my company name UK Curb Appeal...
By the way, my company is a home-staging company, i hope my business name encompasses that? I think so, but your shared thoughts are very welcome? Thanks Janine