Using a similar business Name

[jacksy123]

Hi All

A company has started up in the next town from me (6 miles away) with the same name as mine except they have put Services on the end. I have been trading since 2007 and now my customers are confused and think I have new vans I have had phone calls from their customers ( that could be a good thing pick up new business) but are they getting my business? What can I do about this as I ahve been told there is nothing I can do:|

 

[Merchant UK]

You need to find out who started trading first and then if its you you could perhaps say that they were passing off your business name. Say for example i set up a takeaway called Mc Donalds Services, I bet Mac Donalds wouldn't be too pleased and do everything in there power to get5 you to change the name.

If you have been trading longer than them get your solicitor to write to them asking them to change their name, failing that, perhaps you could both work out a compromise where he would work in his area and you would work in yours, not sure how you want to go but let him know either way

 

[jacksy123]

Thanks for your reply. I did contact them and this is the reply I received "Thank you for contacting me however, I am Coastal Cleaning Services and you are Coastal Cleaning." They have only just started their business this year and I have been trading since 2007.

Both Companies work the same area and from the reply I have received I don't they intend to change their name

 

[NorthWestACMA]

There's an ongoing situation not far from me where (say we say) dishonest individuals whose previous business venture was either terminated or bought out have resurfaced 100 miles away using the original logo and claiming to be part of a (large) group that includes their previous ventures. How interested (or knowledgeable) the other company is in the matter is questionable (and they might be involved in this little charade). All in all rather disappointing that people who (on the face of things) appear to be ignoring their legal obligations to pay tax, ni, creditors et al should continue to trade / use their covenant to acquire leases. Typical I suppose.

 

[fisicx]

Both Companies work the same area and from the reply I have received I don't they intend to change their name

Are you both registered companies? Is your name trademarked? Are they passing off or are they just offering a cleaning service.

If both are registered companies then there isn't much you cvan do. Even if you aren't registered they are entitled to trade under a similar name as long as they aren't passing off.

 

[Trademarkroom]

If you have been trading since 2007- you may well have built up sufficient reputation and goodwill to be successful in a 'passing off' claim for unregistered rights. Have you been in touch with them to ask them to stop?

Have either of you got a registered trademark?

If not best apply for one asap. Please pm me if you would like more details.

 

[weanswer]

I would see if I could trade mark the name, speaking to a trade mark company would give you a better understanding as to whether your name can be trademarked.

If you could then you would be able to stop them from using their name. Sadly it also works the other way around. Other than this I am not sure what else can be done.