Legality of a Business Name

Barewolf · 14-02-2010, 20:28

Hi Everyone

I am attempting to set up a business selling Home made goods, I have come up with a name but there are loads of food companies that already have this name, including indian restaurants, cake makers and so forth.

I found over 20 in our area of different areas of food

Whats the legal guidelines for setting up a company with the same name as another?

I have not registered the company yet as i don't know if it will be a sucess yet, its only going to be something that would be internet based, but obviously if it took off big and I was making a lot out of it, I would go down that route.

I'm just a bit in the dark over the name, can anyone offer any advice?

**Kymmy** · 14-02-2010, 20:35

A registered limited company has to be unique..

A Trading as name doesn't have to be unique as long as it's not suggesting it's part of a company who has a registered trademark/company name registered along the same business lines.

It's like no-one dares to register EASY ******* as the Easy group have a reputaion of taking anyone to court if they'll win or not, but recently you had the McCurries restaurant win to a Mcdonalds court case but if they'd calling themselves McBurgers then they would have failed.

In my honest opinion if you use someone elses name in the same form of business then expect a nasty solicitors letter especially if they are a limited company. Also with you being internet based expect a name conflict to be seen where if it was just in Manchester for example a london based business with the same name wouldn't bother

Peter_ · 14-02-2010, 20:37

Try this Google link for help choosing a name.

**Rob** · 14-02-2010, 22:51

These days internet and websites are an important part of a buisiness. The trading name of the company is probably less important than an easily remembered website name. I'd be focusing on that which in turn can then lead to your business name.

Realistically you can call yourself what you like, provided it is not a registered trade name (and won't cause confusion with one). It's only once you become a registered company, i.e. not trading as yourself that a lot of the rules start to kick in.

joglynne · 14-02-2010, 23:14

Beware using a name that is the same or similar to another in the same line of business you could be laying yourself open to expensive legal challenges in the future. A small local company to us which sold everything under the sun called it's self The 'Arrods of the North'. A certain large London firm was not amused and 'Arrods went out of business.

Also if a company of a very similar name to the one you use looses it's reputation you can be pulled down with it. This happened to a friend and he ended up loosing a lot of business as a result of people thinking he had some connection with a firm that went bankrupt.

Try to find a name that will be unique to you, that stands out from the run of the mill names for the type of business you are thinking of starting and don't tie yourself into a name that wouldn't work if you decide to diversify at a later stage. Advertising is an expensive business and you don't want to waste time and money using a name that you may find isn't working for you in the future.

If you are going to make a point of putting out a quality product or service consider using your own name in some form. Customers do seem to put some value in being able to link a person to their product. Think of all the firms that are just the surname of their founder.

**Stuart** · 14-02-2010, 23:25

A small local furniture shop called itself Noikea (and even used the same font) and sold custom made furniture in a similar style to a large european furniture store (but custom made to a much higher price and standard) and actually survived several years before being ordered to change the name. When they were, they changed it to Noidea, but still using the same font, and have so far traded without problem..

Barewolf · 14-02-2010, 23:27

Well the idea was Sugar & Spice but I don't think i have seen a registered trademark of this, it seems a lot of people are using the same name to relate it to food.

martyh · 14-02-2010, 23:31

http://www.sugarnspicecakes.co.uk/

joglynne · 14-02-2010, 23:35

Quote:

Originally Posted by Barewolf

Well the idea was Sugar & Spice but I don't think i have seen a registered trademark of this, it seems a lot of people are using the same name to relate it to food.

Well just putting that into Google UK brings up a fair few others using the name with 3 others in the Manchester area alone. Would you want to loose customers because they click on a competitor using the same name as you?

**Kymmy** · 14-02-2010, 23:40

From the UK_IPO just page 1 of a search for sugar + spice

Barewolf · 14-02-2010, 23:43

Ok so that IPO Page shows a multitude of registered names, does this mean i cant use the name unless i register it as a trademark?

I understand your views on being pulled down by other company names, and may even change the name.

**Kymmy** · 14-02-2010, 23:45

No, but it does mean that someone with the same name as yourself could take you to court for using thier trademark..

You'll notice the different spelling and the differnt catagories. If you use the same spelling in the same catagory and you get noticed then you will be an open target and if you;re not a limited company then you will be liable if they take you to court

martyh · 14-02-2010, 23:50

your best bet imo with any type of company name is to go for uniqueness ,it says alot about the company and will avoid any legal issues .the name you mentioned is very common and copyrighted on the link i posted for you .

**Kymmy** · 14-02-2010, 23:55

Quote:

Originally Posted by martyh

your best bet imo with any type of company name is to go for uniqueness ,it says alot about the company and will avoid any legal issues .the name you mentioned is very common and copyrighted on the link i posted for you .

Always the best bet.. We did a lot of work on a company name and just before registering it as LTD we had it pinched from under us.. So we took a step back and now have a very unique name that actually suits us better than before. Sorry but Spice & Sugar is a very much used name that has been done to death.. Perhaps if you give a few details as to the business plan people can suggest a new and more suitable name than one adorning multiple Asian restaurants and sweet centres

Barewolf · 15-02-2010, 00:02

Well would "Grams & Ounces" be ok? I did various searches on this and found nothing, perhaps if I used this for a while before i registered it as a TM would be suitable?

---------- Post added 15-02-2010 at 00:02 ---------- Previous post was 14-02-2010 at 23:57 ----------

The business plan is to sell homemade sauces, cookies, boiled sweets, soups, and so forth.

Ive come up with my unique ingredients and already done trials in my area on family and friends in return for feedback.

Ive researched into having my sauces especially airtight sealed, ive bought the jars for this, boxing, packaging, and i have done the designs for the labels myself as im a commercial artist.

i figured sugar and spice was catchy as it offers a sweet element along with some of the spicy sauces i make.

but grams and ounces works just as well.