Company Trademarks

Former Member

Just had some guy ring me on the phone saying my company name is too much like theirs ...

my company name is like (but not actually)

ABCDEFG Limited

and his is in the form of ..

ABCDEFG CONSTRUCTION SERVICES LTD

So only the first word matches (which isn't a word in the dictionary like APPLE or JOB but is like two real word stuck together like APPLEJOB) And he reckons they're too similar, anyone have any input?

Mine was supposed to be accounting and IT related and only setup in March, but cos one of my friends who I started the company with got into the beginning of a divorce just as we were about to launch we never got beyond doing a website, designing stationary, business cards, etc

He also says they registered the trademark but ABCDEFG is registered but to a totally different company which appears to have nothing to do with them

I wanted to start doing something with the company in the New Year .. and not opposed to changing the name cos I don't really want to go to court with a big company .. so is it fair to say I'll change it but they'll have to pay for the costs like New Stationary, Business Cards, New Website Name to be Registered, etc?

Former Member

I assume you have a registered company ABCDEFG Ltd. To my recollection, unless it's EXACTLY the same, then he can go fuck himself

Like you get say IT supplies Ltd, and IT supplies (Birmingham) Ltd. Not totally different, but different enough for either to have to change their name.

Former Member

RubberSkin wrote:

I assume you have a registered company ABCDEFG Ltd. To my recollection, unless it's EXACTLY the same, then he can go fuck himself

Like you get say IT supplies Ltd, and IT supplies (Birmingham) Ltd. Not totally different, but different enough for either to have to change their name.

Yeah it's a registered company at companies house I even have the .ltd.uk domain name which you can only get if you have that exact name registered, their company is a .co.uk

Another company had the exact same name as mine but they dissolved the company a while back and the rules are you can register the same name if it's no longer being used.

He was very nice about it and said his boss said to go straight to the lawyers but he'd give me a call first and I explained my friends is abroad and he said we'll keep it on hold until the new year ..

cos of my friend's divorce we never put one penny through the company, although the bank accounts, website, etc, etc are all there ready to go. .. I was just waiting for the new year to begin ...

If he don't have a leg to stand on I'd like to propose they buy the company off of me .. for like £500 to £1,000 and then they can have the domain name as well that goes with it .. I'm not too bothered but I don't want to incur the expense involved with changing names, etc.

Former Member

Isn't that the point of Companies House, not only for registering but don't they make sure no two bussinesses have the same name ? It's been a long time since i did commerce at school and the rules may have changed, but, to my recollection, no matter how slightly different a comapny name is to another, as long as there's a difference it doesn't matter. Also there's the fact you're in different types of bussines so it's not as if you're trying to get a free ride off his customer base.

I'd tell him that if he wants to buy your company name, domain etc then he can, else go screw himself.

Former Member

RubberSkin wrote:

I'd tell him that if he wants to buy your company name, domain etc then he can, else go screw himself.

if they offer me like £1,000 for it I'd happily sell it ..lol

Hasn't earned me a penny so far, but I've probably put in £1,000 worth of my time just on doing the website.

Former Member

I think you need to look at things from another side of view, if you were to try and force them to buy the name/website etc off you then what is to stop other people doing the same to any company. e.g. me registering a company called microsoft software ltd, the real microsoft sending a cease and desist notice then me saying 'well you can buy it for 10 grand if you like' - wouldnt work.
If the name is only similar but not the same then ignore them - they havent got a leg to stand on. It's worth checking out what their company does however because if you have similar web addresses featuring the same company name, you sell stationary and they promote prostitution or something it doesnt reflect well on you and chances are there will be a number of people who enter the web address wrong first time (and co.uk is much more popular than ltd.uk)

Former Member

icey wrote:

I think you need to look at things from another side of view, if you were to try and force them to buy the name/website etc off you then what is to stop other people doing the same to any company. e.g. me registering a company called microsoft software ltd, the real microsoft sending a cease and desist notice then me saying 'well you can buy it for 10 grand if you like' - wouldnt work.
If the name is only similar but not the same then ignore them - they havent got a leg to stand on. It's worth checking out what their company does however because if you have similar web addresses featuring the same company name, you sell stationary and they promote prostitution or something it doesnt reflect well on you and chances are there will be a number of people who enter the web address wrong first time (and co.uk is much more popular than ltd.uk)

Oh yeah agree with you on the .co.uk vs . ltd.uk thing

as I said mine was to be Accountancy and Employment services for IT Contractors and theirs he says is employment services for the construction industry and their name ends with

CONSTRUCTION SERVICES LTD


Although in the new year I wanted to take it in a totally different direction and have it to be a one man consulting service to do with making companies more efficient in the way they work and use IT in particular.

Like one company I worked for years ago I went as a permanent employee and made a few suggestions which I then put into place which saved them like quarter million in my first 2 weeks there.

I like doing that kind of stuff, finding ways to make things work better, more efficiently, etc and thought it would be interesting to turn this into a business of sort next year.

Former Member

Trading using the same name as another company is fine providing that the two companies are not likely to be confused.

For instance if you set up a burger bar called MacDonuldz then you'd be breaking the law, but if you set up a builder called MacDonuldz then you probably wouldn't.

I'd basically tell this bloke to go fuck himself:)

Be aware, of course, that if you offer to sell the domain name you leave yourself wide open to be sued, as you obviously don't need the domain name for its legitimate purpose. If you offer to sell the whole company then that is fine, however.

Former Member

DiamondGeezer wrote:

my company name is like (but not actually)

ABCDEFG Limited

and his is in the form of ..

ABCDEFG CONSTRUCTION SERVICES LTD

Won't be an issue unless your company, 'ABCDEFG' is based in the construction industry. Have a read about Nissan.com...

Seek legal advice though, and take it over my opinion.