Trading name v Trademark and Ltd Company

Discussion in 'Legal' started by Lucan Unlordly, Jul 11, 2020.

  1. Lucan Unlordly

    Lucan Unlordly UKBF Ace Free Member

    1,757 317
    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.
     
    Posted: Jul 11, 2020 By: Lucan Unlordly Member since: Feb 24, 2009
    #1
  2. Panoramix IP

    Panoramix IP UKBF Regular Full Member

    135 26
    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.
     
    Posted: Jul 12, 2020 By: Panoramix IP Member since: May 4, 2015
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  3. Lucan Unlordly

    Lucan Unlordly UKBF Ace Free Member

    1,757 317
    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.
     
    Posted: Jul 12, 2020 By: Lucan Unlordly Member since: Feb 24, 2009
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  4. atmosbob

    atmosbob UKBF Ace Free Member

    4,601 1,103
    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?
     
    Posted: Jul 13, 2020 By: atmosbob Member since: Oct 26, 2009
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  5. Lucan Unlordly

    Lucan Unlordly UKBF Ace Free Member

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    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.
     
    Posted: Jul 14, 2020 By: Lucan Unlordly Member since: Feb 24, 2009
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  6. The Byre

    The Byre UKBF Legend Full Member

    10,672 4,548
    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.
     
    Posted: Jul 14, 2020 By: The Byre Member since: Aug 13, 2013
    #6