Someone using my Ltd company name

Discussion in 'General Business Forum' started by Treasa3647, Feb 12, 2021.

  1. Treasa3647

    Treasa3647 UKBF Newcomer Free Member

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    Hi just looking for some general advice. I set up a Ltd complaint year and stupidly never trademarked it!! I have been made aware that someone else in my town is using exact same name and in the exact same industry .
    Is there anything I can do ?? Or is it a case of put up and shut up as I didn't trademark the name?
    Kind regards
     
    Posted: Feb 12, 2021 By: Treasa3647 Member since: Feb 12, 2021
    #1
  2. Mr D

    Mr D UKBF Legend Free Member

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    They are using your exact name limited?

    Or just using the same words but not limited?
     
    Posted: Feb 12, 2021 By: Mr D Member since: Feb 12, 2017
    #2
  3. Mark T Jones

    Mark T Jones UKBF Big Shot Free Member

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    If you can demonstrate that you have been actively using the name you might be able to pursue them for passing off.

    Before that, it might be worth just getting in touch to point out that you are already using the name.
     
    Posted: Feb 12, 2021 By: Mark T Jones Member since: Nov 4, 2015
    #3
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  4. Treasa3647

    Treasa3647 UKBF Newcomer Free Member

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    Hi there, they are just using the main name but not using ltd. Just to clarify, they are not registered as a company at all.
    Many thanks
     
    Posted: Feb 12, 2021 By: Treasa3647 Member since: Feb 12, 2021
    #4
  5. Treasa3647

    Treasa3647 UKBF Newcomer Free Member

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    Hi there, I have just got in touch with them and very politely pointed out that she is using my name. Her answer is to add her own personal name at the end of my company name so as there is no confusion .
    Many thanks
     
    Posted: Feb 12, 2021 By: Treasa3647 Member since: Feb 12, 2021
    #5
  6. Mr D

    Mr D UKBF Legend Free Member

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    So they aren't using your name.

    What you or they may be doing is passing off - and by what you say they have taken steps to avoid confusion.
     
    Posted: Feb 12, 2021 By: Mr D Member since: Feb 12, 2017
    #6
  7. danielsmith09

    danielsmith09 UKBF Newcomer Free Member

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    To prove passing off, you must show that you have goodwill in your business and that another business has made a misrepresentation to consumers that resulted or could result in damage to your goodwill. But there are difficulties in relying on passing off alone.
     
    Posted: Feb 12, 2021 By: danielsmith09 Member since: Feb 6, 2021
    #7
  8. computerbeing

    computerbeing UKBF Contributor Full Member

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    How long had you been trading when they appeared? Were they perhaps started to trade before you did?
     
    Posted: Feb 14, 2021 By: computerbeing Member since: Jul 8, 2016
    #8
  9. tigawoods

    tigawoods UKBF Newcomer Free Member

    4 0
    You dont need to trademark a ltd company name. Its is very clear this lady is using your company name and trying to pass off they have a registered company. I will be very concerned if I was you. To throw her off - change your company name ;) And lets see what she does.
     
    Posted: Feb 23, 2021 By: tigawoods Member since: Jul 31, 2020
    #9
  10. Ian J

    Ian J Factoring Specialist Full Member - Verified Business

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    What a daft idea
     
    Posted: Feb 23, 2021 By: Ian J Member since: Nov 6, 2004
    #10
  11. Lucan Unlordly

    Lucan Unlordly UKBF Ace Free Member

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    Are you both in the same line of business?
     
    Posted: Feb 23, 2021 By: Lucan Unlordly Member since: Feb 24, 2009
    #11
  12. Mr D

    Mr D UKBF Legend Free Member

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    But not using the company name. Just something similar.
    How are they trying to pass off they have a limited company when not using the word limited and are not registered as a limited company???

    Change company name? Bad idea - can be quite costly too if have to spend money producing new cards, leaflet, letterhead, advertising etc.
    Do it when it benefits the company - great. Do it without a reason? Whatever for?
     
    Posted: Feb 23, 2021 By: Mr D Member since: Feb 12, 2017
    #12
  13. japancool

    japancool UKBF Big Shot Full Member

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    Who used it first, her or you?
     
    Posted: Feb 23, 2021 By: japancool Member since: Jul 11, 2013
    #13
  14. paulears

    paulears UKBF Big Shot Full Member

    4,698 1,263
    Sometimes common sense prevails. I'm a sole trader and I get mail for a very similarly named Ltd company - they are 'group' Ltd and I'm 'Services'. They employ lots of people and I don't. We do different things, but with an element of similarity. We are a ling way apart. if I get an email asking me for the months stats on a certain recording, I forward it to them. When somebody asks about boat radios, they forward it to me. In effect we are no competition to each other and our trading difference is sufficient we don't tread on each other's terms.

    I'm very confused where the idea" the lady is trying to pass off they have a Ltd Company" came from.
     
    Posted: Feb 23, 2021 By: paulears Member since: Jan 7, 2015
    #14
  15. Lucan Unlordly

    Lucan Unlordly UKBF Ace Free Member

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    A US based company setting up after me but in the same marketplace, albeit at different ends, added an 's' to my trading name. I started to receive their emails, informed them but nothing changed until I was sent the draft terms and financial breakdown of a personal contract for somebody they were trying to work with. That put the cat amongst the pigeons
     
    Posted: Feb 24, 2021 By: Lucan Unlordly Member since: Feb 24, 2009
    #15
  16. Felixkoch2312

    Felixkoch2312 UKBF Newcomer Free Member

    12 1
    Well, in my opinion you should find out who is that person which is using your name. Once your find that person arrange a meeting with him then I think you both will come up to a decision where you can solve your problem.
     
    Posted: Feb 28, 2021 at 2:17 PM By: Felixkoch2312 Member since: Feb 20, 2021
    #16
  17. Mr D

    Mr D UKBF Legend Free Member

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    You mean besides what has already happened?
     
    Posted: Feb 28, 2021 at 3:13 PM By: Mr D Member since: Feb 12, 2017
    #17
  18. Felixkoch2312

    Felixkoch2312 UKBF Newcomer Free Member

    12 1
    You can say this.
    Do you know who that person?
     
    Posted: Feb 28, 2021 at 3:31 PM By: Felixkoch2312 Member since: Feb 20, 2021
    #18
  19. Mr D

    Mr D UKBF Legend Free Member

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    Who that person? No idea what you are saying.
    I did however read the thread.
     
    Posted: Feb 28, 2021 at 5:24 PM By: Mr D Member since: Feb 12, 2017
    #19