Trading name v Trademark and Ltd Company

If one wants to register a Limited Company, Trademark and trading name, would somebody using exactly the same name, who's only online visibility is a seldom used Facebook page, have any legal recourse to take action to prevent us proceeding?

Same business...... covering different areas so no chance of treading on each others toes.

I know the recommendation is often to think of a different name but for various reasons that's proving difficult.

 

You would need to get a proper legal opinion on this. Small facts could make a big difference as to whether you could be liable for passing off and/or trade mark infringement.

 

Cheers...
There is no registered trademark for the other business.

Yes, passing off I can see as an issue if we were trading in the same geographical area. It's not a business that will benefit from online sales and you simply wouldn't choose to travel for this particular product/service. Were there a hundred miles distance between us, the question may not have arisen but as it's about 25 miles we want to make sure there is no comeback.

The other companies FB page has around 20 posts made in 2020 and has given notification of closure, although it's not entirely obvious as to whether this is due to Covid 19 or permanent.

 

Living in a rural area 25 miles is nothing to find a specialist. We drive 70 miles for a shopping day out.

Why not phone the other company and ask them?

 

I know what you are saying, but it's not that specialist Bob. There looks to be around 10 like minded businesses within 5 miles of the other companies address.

 

I would just go ahead and register - assuming that what you write is true of course and they are closing the business down - in which case they are extremely unlikely to waste time checking the TM registrations to see if anyone is trying to use their name. As they are not registered, they will not be automatically notified by the TM office.