Hi
I have recently registered a private limited company in England via Companies House. However, I have just found a company on the internet who is trading under the exact same name - except I'm the one who has registered it. So my question is - Can I ask them to change their trading name to avoid any association and confusion between the two?
Also, i/m not sure what the legal situation is regarding trading names, not business names. If that company is registered under a certain name, and is just using my name as their trading name, can I ask them to change that?
I will really appreciate your help. Thanks
Trading under already registered business name?
If they are trying to gain business from you by using your name then maybe. Otherwise no (for example if they are in a completely different line of business). For example a sweet shop would be in trouble if they called their name Cadbury or even something similar like Cadbree as it is obvious they are trying to gain an advantage by using the name and trying to 'fool' people they are associated with the 'real' company.
Trading under already registered business name?
Lets be very clear about the terminology:
A ltd company is a legal entity in its own right. Companies have (unsurprisingly) a %26quot;company name%26quot;.
Ltd companies, individuals (sole traders), and partnerships can choose to trade using the name of the company or the individuals concerned. Or they can choose to trade under any other name they want. This would be a %26quot;business name%26quot;.
Company names have to be registered, and you cannot choose a company name that has already been used by another company. There is no requirement to register business names, and there is no requirement (other than as below) for them to be unique.
Both kinds of name are subject to rules preventing them being misleading, offensive, or from using certain restricted words. Both kinds on name are also subject to rules on trademarks and passing off (and possibly copyright, although it is unlikely that a short name would be a %26quot;work%26quot; capable of being copyright).
If someone has a trademark for similar goods or services that is the same or similar to your proposed name, then it is likely that your proposed name needs to be changed to avoid infringing the trademark. Your name could also be deemed to be %26quot;passing off%26quot; if it is similar to an existing established name and there a likelihood that damage to that name could be caused.
In both cases it is the earlier name that has priority. Registration of a company name does not give you any right to ask an existing business to change its name. In fact it is the opposite - they could ask you to change your name. IE, registering a name for a company does not give you any rights to that name over any business that is already using it.
But if you are each trading in different parts of the country, and/or in different goods or services, then it is likely that you can both co-exist with the same name.
