SOLE TRADER But want to secure business name

[bryon52]

Hi guys,
I am currently a sole trader and building up my carpentry business. I have a website domain etc under the name i would like to eventually become a ltd company with. However, is there anyway i can secure this business name so that no one else can use it before i become actively LTD. I just feel i am not a big enough business yet to warrant "LTD" however i do not want to put effort into branding and getting a name for myself to eventually find i cant use it as someone else is.

Any advice on this would be greatly appreciated. I also understand you must get this question a lot and i have tried to find advice on this online with mixed feedback which has left me slightly confused.

 

[tony84]

Register it at companies house or through your accountant/company formation agent. It costs about £15. Every year you will need to fill out a nil return, im not sure what that costs but presumably not a lot.

 

[bryon52]

If i am using this name for everyday business though will it not mean in their eyes i am an active company and not a dormant one? this is my confusion for example. if i registered the name " Woodwork carpentry" ( just an exmaple ) and my website was under this name, and my van had this name on the side etc. would that mean i am active or not?
sorry new to all of this and just want to make sure that i get it all correct.

 

[japancool]

If someone else is already using it now, you won't be able to use it anyway. Being a limited company doesn't protect the business name as such, it prevents another company being formed under the same name. You don't have to trade under the name of the limited company.

If someone else starts using the name you're using now, you may be to take legal action.
https://en.wikipedia.org/wiki/Passing_off

If you're really bothered about it, you can register it as a trademark.

 

[Scalloway]

As long as you don't mention the word limited anywhere you will be ok.

 

[Deleted member 59730]

The answer is to register the name as a trade mark. Its the only way to protect a name.

 

[AyrshireBacon]

You can place TM next to your business name, this is often a confusion between the R which means same but is registered at IPO. It gives you as much protection as you can pay a lawyer though if you need to protect that in the future, having a registered 'word mark' will give you more grounds to raise any future action subject to the prohibitive cost of injuctive relief. Roughly £8000, as such a legally binding stop that or else.

 

[Deleted member 59730]

No need to pay a lawyer. I have succesfully protected my trademark 3 times with just a letter from me.

 

[MyAccountantOnline]

Register it at companies house or through your accountant/company formation agent. It costs about £15. Every year you will need to fill out a nil return, im not sure what that costs but presumably not a lot.

Just to clarify every year accounts and an Confirmation statement (formerly an Annual Return) will be needed.

The same fines apply for late accounts for a trading or dormant company so you need to watch the deadlines.

 

[bryon52]

So i can continue to write my name "trading as" and my business name which will be registered at companies house even though the company is dormant. No one else currently has my business name i am just worried that as my business grows and i get a name for myself once i go to register it, it may already be taken, yet i am not big enough to be a ltd company yet.

 

[Ian J]

So i can continue to write my name "trading as" and my business name which will be registered at companies house even though the company is dormant.

No. You can either be bryon52 trading as Essex Carpenters or a limited company but you can't be bryon52 trading as Essex Carpenters Ltd as a limited company is a separate legal entity.

If you are worried about someone else snaffling your name just do as you have already been advised and register the company but keep it dormant carrying on as you are for the time being

 

[bryon52]

Ok so as long as nowhere says LTD after the business name then it is classed as a dormant company.

 

[john1989]

Ok so as long as nowhere says LTD after the business name then it is classed as a dormant company.

You have to open a company with Companies House to have a limited company. Whether it is trading or dormant is irrelevant.

 

[bryon52]

yes i am going to register my name at companies house but stay dormant

 

[MyAccountantOnline]

...... i am not big enough to be a ltd company yet.

You need to consider many factors when deciding if a limited company is beneficial to you - size isnt the only issue.

It really would be worth you getting a professional opinion to see if it can save you tax/be of benefit.

 

[john1989]

If it is dormant and you continue to trade as a sole trader, you can't make reference to ltd.

 

[Deleted member 59730]

Registering a company will not help you if someone else comes along and TRADEMARKS your name. You should trademark it first.

Despite what some experts keep telling me if you go to the Companies House list you will see loads of companies with the same basic name in their title.

Acme
Acme trading
Acme services

As an example.

 

[bryon52]

no but i can still reference the name just without the LTD at the end?

Yes i do need to look into LTD vs Sole trader a lot more once i have more time to do so.

 

[bryon52]

I will also trademark it as well. If i only trademark it and dont register it at companies house, others cant register the name can they?

 

[Scalloway]

no but i can still reference the name just without the LTD at the end?

Yes.

I would register both a limited company and a trademark if you are worried. Having a trademark doesn't stop anyone using that name when they register a limited company. They can use a different trading name.

 

[The Byre]

The name of the company is totally irrelevant. Your company can be any damn thing. Your trading name is the name under which you trade. It is the virtual (or real) sign you hang over the door. You can protect it by registering the trademark, though our common law system gives you fairly adequate protection without you registering the name.

Unless you wish to limit your liability, working as a sole trader will do just fine!

 

[Trademarkroom]

A registered trademark means that you become the owner of your brand name in the goods and services you have applied for- it can be a very useful tool in ongoing brand protection and means you can stop third parties using in without your consent.