Being threatened with legal action!

[Pinkbunny28]

What if there is someone in another country trading under the same name? Can you trademark it so they can't use it or isnit only uk? x

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[Lynne Baker]

Right i have spoken to my lawyer regarding names and even if you trade under a limited company as 'xyz beauty' and another company which is not registared as limited wanted to use 'xyz beauty' they cannotbecause you have registration rights of that name even if they are a sole trader.

However if you were xyz beauty which was a limited company and trademarked it another company will struggle to prevent the trademark from going through as you own the limited company name too so always best to have both to ensure that your ip is protected.

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So how come there are any number of companies with the same name out there?
Type "The Beauty Lounge" into google. See how many results you get!

 

[smallandcute]

Because some are happy for others to use that name. Its a far more grey area then its made out to be. If i wanted to registar beauty lounge with companies house and i was successful i then have every right to tell everyone in the uk who is using it to cease and desist as i have the rights to that name. If another company wanted to registar a similar name then companies house has to notify me and i get to say yay or nay on that too. With sole traders its a lot harder to police but just a simple i own that business name letter will surfice. Btw my lawyer is a trademarks and company lawyer.

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[Pika]

This is the info I have received....

you are using your own name, which has no restrictions as it is your name.

if you wanted to use a business name/company name (any name that is not your own, such as 'top nails' or 'posh hair and nails' etc) then you would need to register it with companies house, this then checks that the name is not already registered by another company and also checks that it is not a registered trademark of a company.

On the grounds that you are using your own name then there is simply no rules being broken. IF i wanted to set up 'Kaylee hair and beauty' I would need to register it with companies house as it is not my name, and would only be granted it if it was not already taken HOWEVER this would not stop you using it as it is your name and you are a sole trader. simple as that. 😊

To top it all off it seems that with companies house search facility, KB hair and beauty has not been registered anyway:
http://wck2.companieshouse.gov.uk//wcframe?name=accessCompanyInfo


let me know if you have any questions.

 

[Lynne Baker]

But you don't need to register a name with Companies House, unless you're going to be a limited company or an LLP.

 

[smallandcute]

there you go then, why dont you register your company name with companies house anyway then its all protected for you and you can leave it dormant for up to a year before you either activate or dissolve it.

glad its all sorted for you now anyway

 

[Lynne Baker]

Just to be clear; one doesn't register a company name with Companies House, one creates a limited company/LLP with that name. One then becomes a director of that company and there are certain legal responsibilities associated with it.
Annual returns need to be filed, and annual accounts if the company is active.

 

[RachelLynch]

There's a kb hair and beauty near me? So there's someone else with the same salon name, as the people who have approached you x

 

[BannerPenguin]

Also when you register as a limited company it doesn't check trademarking at all. That is your job to check on. Also if you are a sole trader you can still trade as ANY name that isn't trade marked. For example my names Adam, and I could trade as John's Printing as a sole trader if I so wished.

Also I am registered as Penguin Print Ltd. and I am 99% sure there is someone else trading as Penguin Print.

 

[Victoriabar]

There us a KB hair and beauty near me too, there was also a Facebook page I was on that was KB beauty.

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[Pika]

I think that's the one Victoria, they trade under 4 different names

 

[BannerPenguin]

What if there is someone in another country trading under the same name? Can you trademark it so they can't use it or isnit only uk? x

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You can trademark something for UK, EU and Worldwide I believe.