Still trying to think of a trading name and I have one I really like. There is a Limited company with the same name and Limited companies with variations of it but I am a sole trader and will not become a Ltd company anytime soon and if I do then I will have to revisit it.
I have done internet searches in Wales where I am based for others who are not Ltd trading under this name but can't find one, the closest is Nottinghamshire area. I can get a domain I like that incorporates it so what I am wondering is basically is this ok to go ahead and use?
I've always gone under the assumption that if no-one within a 100-200 mile radius has that name you want then go ahead with it.
The fact that LTD companies have same or similar trading name is neither here nor there, if and when you decide to go then you LTD name can be what ever fits and can be 'abc123 ltd' trading as 'your books done fast!', hey who knows but when you come to go LTD whats to say the others might have dissolved!!!
There are a few ways around naming when your limited and im sure there's some guys on here that could lend you a few tips.
Search 'bookkeepers (in your area)' so for me it was bookkeepers in norfolk, and it should give you your answer!
I don't really agree with Gary on this one as you still need to consider trade marks.
You need to go onto the IPO site to ensure that the name has not already been reserved by someone else. It doesn't matter if its in use if they have reserved it.
Here's a handy link to current trademarked names. (Note that many of them are limited companies protecting themselves against passing off).
The link is one level up from the journal as it changes every Friday.
The real flaw in the system to my mind is that unless the limited company has protected its trademark whilst no other limited can have that name there is nothing to stop anyone else from using an unincoporated version of the name (Provided that such is not with the intent to deceive... And intent can be an expensive word when it comes to proving innocence through the courts).
Websites can be problematic as using a site for an unincorporated entity where there is an incorporated version of it can be deemed as passing off (distance within the UK in immaterial).
That doesn't mean that you cannot buy that website but its only real use would be for the randsom fee and there have been cases where people buying names have been forced to give them over so even the ransom approach may be dubious.
As identified already , do your webcheck, check google, check the IPO site and if all come up roses then push ahead.
Good luck with the rebranding Sam,
All the best,
Shaun.
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Shaun
Responses are not meant as a substitute for professional advice. Answers are intended as outline only the advice of a qualified professional with access to all relevant information should be sought before acting on any response given.
I would agree with Shaun. I forgot to check and the name I used was trademarked. The company found me and were a bit upset. So was I because like you it had taken me ages to think of a good name and by then I had done all my marketing using it. They were OK in the end for me to continue using the name as I'm miles away from them and they were convinced I'm only going for local clients. But I have a list of things I can't do like use red or blue or grey in my marketing and many more. If they don't enforce their trademark they could lose it but there is room in the trademark rules for them to allow small people like me to use it. Which is just as well as there is another company geographically between them and me that is Ltd and uses it!
I'm a bit late coming to this thread, but the position is, as I understand it -
A limited company cannot use the same name as another limited company - and "same" means similar: you can't just add an "-s" to an existing name, or put "The" at the front or "& Co" at the end. There are other restrictions too ... check them out if you need to. Similar rules apply to registered trade marks, those with "(R)" printed next to them.
For an unincorporated business, you can use any name that (a) does not infringe existing trade mark, (b) does not amount to "passing off" as another business (limited or otherwise) and (c) is not otherwise prohibited (a former employer once tried to register "HM Ship Leasing" but was refused - unsurprisingly). You can also be accused of passing off if you use someone else's unregistered trade mark, those with "TM" printed next to them.
You will not infringe existing trade marks or be deemed as passing off if the existing mark or business provides completely different goods or services or a operates in a different geographical area and there is no likelihood of the two businesses being confused. Consider "Polo": a car, a mint sweet, clothing, a magazine, and hundreds of other different uses, too. Check with IPO if you don't believe me! But do avoid names too similar to famous brands - McDonalds, Coca Cola and other well-known brands have more protection than everyone else. But a bookkeeper operating in Wigan as "McDonalds Bookkeeping" would not get into trouble unless he used a big yellow, curved M as his logo.
However, if you do find yourself in trouble with another similarly named enterprise, it is quite possible to reach an agreement whereby both firms can continue to use the same name. This could mean, agreeing not to operate in specific areas, or to provide certain services, or whatever else is appropriate.
A point to be aware of is, a name registered at Companies House will not necessarily mean that it has been registered as a trade mark. The reverse is also true - a name that has been trademarked does not mean that a company will be prevented from registering the name at Companies House. The trade mark holder could then force the company to change its name.
As for domain names, please be careful here, too, as passing off rules will still apply. For example, pwc.gb.com appears to be available, but I would not advise any upstart accountancy firm to try to use it, and I would caution bookkeepers to be very careful, too ... maybe seek an agreement with PwC to use it first.
Finally, if the name you have chosen isn't trade-marked and can be registered (descriptive names, for example, can't - i.e. "Bookkeeping Services") then go ahead and register it.
Is it advisable to register a trade mark for a company name? I've got one in mind for the social enterprise I'm trying to get started. The domain name and company name are both available, and there is nothing close that is trade marked. I'd rather spend the £170 on making the world a better place, than on protecting the name, but will do it if it makes sense, although I'm more interested in co-operation than competition.
Incidentally, when checking the Companies House web site for a different name, it told me it was too close to an existing company name, but allowed me to add another word to the name that would distinguish it. I use the name hyphenated, and have the .co.uk and .org.uk domains, and the company uses the name without the hyphen. So it's possibly worth playing around there to see if whatever name you choose is acceptably different.
By registering a trade mark and company name, and buying the domain name, you will cover all options. I leave you to judge the relative value of doing so.
Yes, you can register names that are very close to existing names. There are rules that stipulate what is acceptable to the Registrar and what is not, but even so, if you feel that someone is imitating your name too closely, you can still object, and where he is passing himself off as your business, you can force him to stop and sue for damages.
