Viewing 8 posts - 1 through 8 (of 8 total)
  • Does a trading name infer a degree of trade mark protection?
  • doordonot
    Free Member

    I’m looking at setting up on my own, initially as a sole trader. I could register my trading name as a trade mark but wondering if that’s what people typically do if they’re sole trading? I may incorporate as a ltd company of trade goes well, so if I’ve registered the trading name, at least I’ve got it protected for when I do register it as a ltd company.

    cb
    Full Member

    There are rules around Trade Marks – can’t be descriptive of what you do for example. You can get some free advice from some pretty good companies before you commit, including reasonable estimates for doing the job properly.

    poly
    Free Member

    If I was setting up I would probably just go Ltd from day 1. If things go well and you try to do it later it will be a pita (including theoretically transferring ownership of any trademarks); if things go badly the Ltd Co protects you.

    You can get some unregistered trademark protection in the Uk (and some but not all, other countries) just by adding TM to your name / logo etc asserting that you consider it to be a trademark. Unregistered rights are much harder to enforce but unless you have big budgets anything more than a stroppy letter is going to be a problem anyway. Registration is relatively cheap (even for an EU wide mark) but unless the brand is both really important and a clever name I wouldn’t bother – it’s can be done later (not like a patent where once public it is too late)

    andrewh
    Free Member

    You could do both. Set up the company now, stops someones else taking the name, or indeed one very similar, if that’s what you are worried about. Fairly straightforward and costs very little to do.
    Leave the company dormant (costs you one Companies House filing fee of £13 each year and a set of dormant accounts, which are a doddle) Trade as a sole trader for as long as you want and the company is there when you want it

    andrewh
    Free Member

    Also, if you are that concerned that someone else might want the name there’s no harm in buying name.co.uk, name.com, name.net, name.org and whatever else you can think of now before you start

    deadkenny
    Free Member

    Also, if you are that concerned that someone else might want the name there’s no harm in buying name.co.uk, name.com, name.net, name.org and whatever else you can think of now before you start

    There are some laws now in some countries (US I think) on cybersquatting, i.e. registering a name before someone else that’s already a trademark.

    Regardless, check first to see if it’s already a trademark.

    I spent ages trying to find a cool geeky / film reference name for a company and found all the big studios have registered just about every possible trademark from scripts even if they’re not in use. Though you can trade under a registered name if it’s clear you’re not passing off as their business, i.e. no way the two could ever be confused.

    You can go for names that aren’t trademarkable, then you can’t have it but no one else can either.

    doordonot
    Free Member

    Thanks folks.

    dovebiker
    Full Member

    Depends on the nature of your business, but if doing online business I’d check the trademark and domain registers first – no point in registering a trademark if you can’t get the domain or vice versa. I went through this last year – bought the domains, registered the trademark and haven’t bothered with the company registration yet. Trademark registrations costs about £300 minimum, depending on how many classes you register and takes about 3 months.

Viewing 8 posts - 1 through 8 (of 8 total)

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