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Company has similar name to mine... all good?

I need help to know if there is any infringement here

Didn't find your answer?

Ok so i have a company which ive got the URL for, sarted the facebook page and instaram for. I am just getting it up and running, but i have had all these elements for a good 8 months now. I have been busy designing the logo and website ready for proper launch. It is to be a wedding photography and videography company.

However another business has just started in October of this year and it has the same name except the added the word 'and' in there. The are not photographers though they are a design agency, mainly graphics and branding etc. They seem to offer some minor photography work but only seemingly for things that help create the brands they make. They are based in my target location area as well, which is quite bizarre.

So I am quite confused about this as lookign into it shows that it should be ok...... but i still feel paranoid that somewhere down the line there will be conflict, despite the fact that i was here first. (but i wasnt effectively trading as that name just yet)

Upon more research i find that:

- neither of us are LTD companies but rather sole traders
- neither of us have registered the trademark (wether the inclusion of the 'and' in the name makes a huge different i do not know...)

So the first thing i did was to apply for the trademark! i have paid for this process to happen and i am wating on the verdict.

So shold it be granted, is this going to be ok? were not in the same sector, i dont beleive and i see no indication that we will ever be.

 

Replies (32)

Comments for this post are now closed.

By Duggimon
08th Dec 2017 15:22

As an accountant, I would advise you that you're on the wrong website.

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By zeroprime
08th Dec 2017 15:32

Thanks for your reply! I only made this post here because there was a similar post on these very forums, hence why i posted it in the first place.

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Replying to zeroprime:
By Duggimon
08th Dec 2017 16:36

Your question, as I read it, is exclusively one of trademarks and therefore a legal issue.

If you want to know whether you get tax relief on the fees for the lawyer you might or might not want to hire then I suppose you could ask here

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By Moonbeam
08th Dec 2017 15:36

It's a common problem to have a similar or even the same trading name as another sole trader. Yes, it could be a problem for you if the other sole trader gets a dodgy credit history and other people get you confused with them. Unless they're pretending to be you there is nothing you can realistically do to force them to change.
Why not rebrand your business with a much more unique name and then you are much less likely to have a problem. Yes, I know you've spent a lot of time and effort up to now with the current name, but you should have thought about this issue much sooner.

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Out of my mind
By runningmate
08th Dec 2017 15:36

I cannot see that there is anything you can do about this.
RM

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Stepurhan
By stepurhan
08th Dec 2017 15:39

First up, neither of you are companies, you are both businesses. Company only refers to limited companies in this context. This is an important distinction, as there are specific legal provisions for companies with similar names.

Beyond that, it is really a legal matter rather than an accounting one.

Without knowing the actual name, it is hard to tell for sure, but this sounds like a coincidence to me. It also sounds like they are not in competition with you. It seems likely that their photography branch is being used to provide pictures for their branding projects. If you're worried, consult a lawyer.

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Red Leader
By Red Leader
08th Dec 2017 16:37

The money you are spending on a trademark will probably be wasted.

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Replying to Red Leader:
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By zeroprime
08th Dec 2017 16:44

Care to elaborate?

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By JCresswellTax
08th Dec 2017 16:43

Ah! I'm glad you posted actually, as a photographer, I am wondering if you could help me with a cooking problem I have?

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Replying to JCresswellTax:
Quack
By Constantly Confused
15th Dec 2017 16:16

JCresswellTax wrote:

Ah! I'm glad you posted actually, as a photographer, I am wondering if you could help me with a cooking problem I have?

#actuallyquitefunny

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By zeroprime
08th Dec 2017 16:43

I think some of you here are USA based so the law is different, I'm in the UK. Secondly, i was here first so I'm not rebranding anything, also i am going to have (all being well) the trademark as well. Lastly were not in the same sector.

If this question offends or has upset you i apologise.

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Replying to zeroprime:
By Tim Vane
08th Dec 2017 17:06

I doubt that anybody here is USA based. This is a website for UK accounting professionals.

But either way this is not a site for legal advice, which is what you are looking for. What part of those earlier replies did you not understand?

"I was here first so I'm not rebranding anything" is a pretty dumb thing to say without legal advice, especially as by your own admission you have not started trading. You could well find that the other user has prior claim to the name if they have been trading and that they force you to rebrand anyway.

You have asked for advice - and the response was to either rebrand or seek legal advice. You seem to be unwilling to take either route, so I'm not sure what else you want to hear.

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Replying to Tim Vane:
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By zeroprime
08th Dec 2017 17:14

Tim Vane wrote:

I doubt that anybody here is USA based. This is a website for UK accounting professionals.

But either way this is not a site for legal advice, which is what you are looking for. What part of those earlier replies did you not understand?

"I was here first so I'm not rebranding anything" is a pretty dumb thing to say without legal advice, especially as by your own admission you have not started trading. You could well find that the other user has prior claim to the name if they have been trading and that they force you to rebrand anyway.

You have asked for advice - and the response was to either rebrand or seek legal advice. You seem to be unwilling to take either route, so I'm not sure what else you want to hear.

As I said in my post they have no prior claim to the name. Peoples advice regarding 'rebranding' isn't helpful considering the points I raised in my original thread. Calling me stupid, no matter the reason (especially when what i posted is essentially posted by others in this forum) is disgusting.

Not sure what the admins here are like but I'm leaving it to them to decide what to do with some of the way people here have responded.

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Replying to zeroprime:
By Tim Vane
08th Dec 2017 17:23

zeroprime wrote:

As I said in my post they have no prior claim to the name.

There is nothing in your post that indicates they have no prior claim. Just because you've created a logo and a website means nothing - if they are trading with the name then they could well have a strong case for stopping you before you start trading.

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Replying to zeroprime:
Stepurhan
By stepurhan
08th Dec 2017 17:08

Speaking personally, I'm willing to cut you a bit of slack because you appear to have actually gone to some effort before asking.

But this is still a legal question, so you're asking the wrong people. Add to that people getting jaded from people expecting answers to complex questions for free (which this is to a certain extent) and you're going to get snark.

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Replying to zeroprime:
Quack
By Constantly Confused
15th Dec 2017 16:17

zeroprime wrote:

If this question offends or has upset you i apologise.

I think the suggestion anyone might be an American would be the only offensive thing you have said...
;)

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By bajones
08th Dec 2017 16:58

Isn't there something about a strip club and a potato based side that says the law isn't on your side?

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Replying to bajones:
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By zeroprime
08th Dec 2017 17:02

bajones wrote:

Isn't there something about a strip club and a potato based side that says the law isn't on your side?

Ok I think you need to explain this one, sounds like you have a good degree of smarm and I for one would love you give us all a little more.

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By zeroprime
08th Dec 2017 17:11

Tell you what, this might be a better question to ask here, how do i delete this post and remove my account?

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Replying to zeroprime:
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By zeroprime
08th Dec 2017 17:17

Forget replying, thanks to those that weren't patronising, rude or just post bizarre nonsensical statements.

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Replying to zeroprime:
Portia profile image
By Portia Nina Levin
08th Dec 2017 17:19

Usual procedure is just to slag everybody off, and the moderators will do it for you.

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Replying to Portia Nina Levin:
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By zeroprime
08th Dec 2017 17:22

Portia Nina Levin wrote:

Usual procedure is just to slag everybody off, and the moderators will do it for you.


Not that i would advocate such behaviour but it really is only retaliatory now. Go back and read ^
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Replying to zeroprime:
By Tim Vane
08th Dec 2017 17:25

There really is no need to start crying and wailing like a 6 year old just because Mama and Papa have told you you can't have the shiny thing.

The grown ups have been relatively patient with you up until now but I think it's time to stop you stopped with the whining.

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Replying to Portia Nina Levin:
Quack
By Constantly Confused
15th Dec 2017 16:21

Portia Nina Levin wrote:

Usual procedure is just to slag everybody off, and the moderators will do it for you.

If slagging people off got your posts deleted AW would be a lonely place full of people asking questions and seeming to get no replies.

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RLI
By lionofludesch
08th Dec 2017 18:52

I do wish people wouldn't start posts with "Ok so ....."

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Replying to lionofludesch:
Portia profile image
By Portia Nina Levin
08th Dec 2017 22:40

Well, if the OP had been bright enough to figure out how to delete the question, it would no longer do so, I'm sure.

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Replying to lionofludesch:
blue sheep
By NH
15th Dec 2017 07:08

OK, so what?
As always, if one does not like a question asked, one does not have to answer, jeewhizzz I thought it was the season of goodwill....
Now if he had asked about Goodwill...

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Replying to NH:
Stepurhan
By stepurhan
15th Dec 2017 10:57

Everyone seemed fine with the question at the start. They were simply stating that it was a legal question, as well as pointing out that the work he had done might mean nothing if the other business started trading first.

It is the OP that blown the season of goodwill by going off on one because they didn't want to hear that.

Regardless, whether someone answers a question and how they do it is up to them (within the site rules). I never understand posts like this that think otherwise.

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My photo
By Matrix
09th Dec 2017 00:00

You say company but then that it isn't a company. Is the trading name you are going to use still available at Companies House?

I would discuss this issue with your accountant and ask why they recommended you set up as a sole trader and not a company. Maybe this should be revisited and you could set up the company with this name.

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By zeroprime
15th Dec 2017 11:03

This is bizarre, i asked for this to be deleted and i was told it was. Anyway! update.

I've been in touch with an IP solicitor and its all good, infringement. So thanks again to those that were being genuine and thank you also to those that were a little personal and acerbic.

:)

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Replying to zeroprime:
Stepurhan
By stepurhan
15th Dec 2017 11:18

zeroprime wrote:

This is bizarre, i asked for this to be deleted and i was told it was. Anyway! update.

I've been in touch with an IP solicitor and its all good, infringement. So thanks again to those that were being genuine and thank you also to those that were a little personal and acerbic.

:)

So you took the advice everyone was giving you. Why was it you threw a tantrum about getting that advice again?

I personally think you are going to struggle in business if the people skills you've demonstrated here are anything to go by. You flew off the handle at people simply telling you that you were looking in the wrong place. (no-one really got personal until you did) If that drives you off the deep end, I can't see how you are going to cope with how some brides get over their wedding day.

Good luck. I think you're going to need it if you don't learn how to manage your temper better.

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Francois
By Francois Badenhorst
18th Dec 2017 10:57

This thread is now locked. Thank you for partaking, everyone.

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