How can I stop others from using my company name?

1

Hi there

I have a legal question: I was just walking down the street in my town, and happened across a new shop with a sign that has got the exact same name as my business. It matches word-for-word! I’m obviously worried this is going to impact my business in a negative way. So, what can I do to stop this business from using my company name? Is there any particular place I should report this?

Answers

0

HI,

You should contact Companies House to complain about the new business using your registered company name because you may be able to sue them for the wrongful act of ‘passing off’. Your case will be particularly strong if they operate in the same geographical area and industry as you, thus causing confusion to the public.

There may be no need to go that far if you contact them to explain the situation. Hopefully they will be reasonable and realise the mistake they have made. It may have been a simple oversight because they are not aware of business names rules.

You will stand an even better chance of success if your company name is registered as a trade mark. You can this online. Trademark infringement is much easier to prove than a ‘passing off’ claim.

a year ago
 

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