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I'm after a bit of advice...
Let's imagine I have a company called xyz ltd, which has been established for a number of years. I then decide to branch into a new area as a sideline, but run it through the existing company as a trading-style.
Say, for example that this sideline involves rust removal from metal, and I want to 'trade-as' DERUST. I understand that I cannot register DERUST as a tradename due to it containing the word rust. Is it still okay to trade-as DERUST without any repercussion, or could this solicit legal action from other companies that also specialise in rust removal?
I already have a website set up for 'DERUST', about to go live, and I don't want to have to change the logos etc.
Hope the masses can help (it isn't actually called DERUST by the way).
You wouldn't be running the risk of action from other companies who do rust removal, but setting up a new enterprise knowing that you will never be able to protect or enforce the trading name probably isn't the best business move.
You would never be able to protect your brand if you did that. That's the risk you'd be taking. But yes, there's no law I'm aware of that would stop you doing this.
Cheers guys. Would starting a new company called Derust ltd offer any brand protection down the line?
The name of the registered company doesn't give you any more leverage in demonstrating compliance with the TM registration requirements. It either complies or it doesn't.
As you seem to already know, if it's generic and just describes the nature of the business then you're going to struggle either way.
Cheers.So as I understand it, if I did have a company called e.g. DERUST ltd, there is nothing to stop anyone else coming along in the future and trading as DERUST and using my exact logo?
I need a rethink, I think 🙁
It's a bit more complicated than that, but setting out knowing that the name itself is unlikely to be registrable is just asking for complications. Others will probably be able to give you more detailed advice than I can.
Thanks for the advice anyway, much appreciated.
Anyone want any rust removing? 🙂
Use of your logo is likely to constitute copyright infringement (the protection applied to the creative/artistic production of your logo) but that's a different thing to trademark protection (i.e. the trading name itself).