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Author: Subject: business name advice
swanny

posted on 5/1/16 at 05:03 PM Reply With Quote
business name advice

hello all,

i wonder if someone in the locost world could point me in the right direction.

i'm considering setting up a business and have a couple of names in mind. One was a name of a previous company which was changed in 2012. the new name itself is now dormant too.

another shares a word with a business in the US in a similar field (clothing)

is there a way to check this out other than getting an expensive lawyer?

i been on the companies house and the IPO website but cant seem to find anything conclusive.

the intention is that we will sell online ,mainly so potentially outside of the UK/EU so i need ti make sure i dont have the risk of getting this wrong hanging over my head.

thanks

paul

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loggyboy

posted on 5/1/16 at 06:18 PM Reply With Quote
If my recollection is correct it shouldn't matter. As most companies simply put bracket after the official name ie. blogs and Co (southern), if there is already a company registered with that name. Thats what companies house keep record of.
But all logos etc dont need to show the official name. Providing no copyrights are infringed i wouldnt be concerned.

*disclaimer, i have no evidence for the above. Only what I've seen at various companies ive worked for.

[Edited on 5-1-16 by loggyboy]





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russbost

posted on 5/1/16 at 06:25 PM Reply With Quote
Can't answer for sure re the legalities, tho' I think what's been said above is correct, you can always add (UK) as part of the company name to avoid confusion, but if you are choosing between a couple of names then check you can get the relevant .co.uk domain name unless you already have it - that could be a game changer





I no longer run Furore Products or Furore Cars Ltd, but would still highly recommend them for Acewell dashes, projector headlights, dominator headlights, indicators, mirrors etc, best prices in the UK! Take a look at http://www.furoreproducts.co.uk/ or find more parts on Ebay, user names furoreltd & furoreproducts, discounts available for LCB users.
Don't forget Stainless Steel Braided brake hoses, made to your exact requirements in any of around 16 colours. http://shop.ebay.co.uk/furoreproducts/m.html?_dmd=1&_ipg=50&_sop=12&_rdc=1

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Theshed

posted on 6/1/16 at 07:03 AM Reply With Quote
Companies House will not register a company that has a name that is confusingly similar to an existing company but that is really not the issue. What you need to be wary of is trade mark infringement and "passing off". Passing off is running a business in a manner which could cause confusion to the customers of an existing business.

An example. I set up McDonalds (Not the clown) Limited. Companies House might let me register that. However If I have a big sign outside my business in familiar script then I will probably have infringed a well known trade mark. What is more if the business is selling food (If cardboard and slime can fairly be called food) then I may well be passing off.

If on the other hand I register McDonalds Car repairs Limited. My sign bears no resemblance to the purveyors of salt and sugar. and I do car repairs. Chances are I will be fine.

Your difficulty, if any, is with the american business with a partially similar name. This is a specialist area of law (not mine) where lawyers seem to delight in charging vast sums.Being practical - why not find a new name - job done.

I do not think the fact that you will be on-line makes matters any easier. In fact I think that would be worse. You would be trading "worldwide" and therefore subject to loads of jurisdictions. On this last point I am not 100% confident.

How about "Furore Jeans" sounds good to me - who would be offended by that...

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russbost

posted on 6/1/16 at 08:58 AM Reply With Quote
"How about "Furore Jeans" sounds good to me - who would be offended by that..." Lol

Can't imagine!





I no longer run Furore Products or Furore Cars Ltd, but would still highly recommend them for Acewell dashes, projector headlights, dominator headlights, indicators, mirrors etc, best prices in the UK! Take a look at http://www.furoreproducts.co.uk/ or find more parts on Ebay, user names furoreltd & furoreproducts, discounts available for LCB users.
Don't forget Stainless Steel Braided brake hoses, made to your exact requirements in any of around 16 colours. http://shop.ebay.co.uk/furoreproducts/m.html?_dmd=1&_ipg=50&_sop=12&_rdc=1

NOTE:This user is registered as a LocostBuilders trader and may offer commercial services to other users
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nick205

posted on 6/1/16 at 11:01 AM Reply With Quote
I've been told by our web designer that .co.uk domains are focused on in the UK and other domains such as .com are more global in their nature. Worth checking what domain names are available before you go too far as it may influence your decision on how to proceed.






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coozer

posted on 6/1/16 at 02:53 PM Reply With Quote
When I registered my company name I was told to make a name that wasn't 'similar' to any others. Then submitted it to company's house who made the final judgement.

Like already said, as long as you don't copy major makes, coke, Pepsi jeep etc you will be fine.





1972 V8 Jago

1980 Z750

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swanny

posted on 7/1/16 at 10:14 AM Reply With Quote
thanks for the advice, particularly that of not lining the pockets of IP lawyers!

the selling internationally does make it a bit more tricky. I want to be able to get started safe in the knowledge some lawyer from timbuktu isnt going to pop up and sue me in a years time!

thanks all, just trying to find a name, that is appropriate and not taken by anyone anywhere in the world!

paul

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