How can a company's name be protected?
Distinctive company names and brand names are valuable business assets. They
may be protected by actions at common law for passing off (see related topics,
below) and, if registered, by suing for trade mark infringement. Such litigation
is expensive, time consuming and the results can be uncertain. Steps should
be taken to ensure that, as far as possible, the names are protected by simpler
and cheaper means. Incorporation Services Limited provides
an expert service on company name protection, including trade marks.
Registering each name as a company name
Registration as a company serves to stop the identical name being registered
by anybody else and also serves as a warning which may discourage the registration
of similar names. As Companies House will accept for registration a name which
is very similar, even though not identical, it may be sensible to register alternative
spellings or versions of the name as separate companies. Such companies may
be kept on the register indefinitely as dormant companies, blocking registration
by others at very modest cost. A dormant company will have to file an annual
return and dormant accounts each year, paying the annual account fee of £15.
Registering appropriate names and logos as trade marks
Registration as a trade mark confers legal protection within the categories of goods or services within which the mark is registered. See related topics, below. Company Law Club has a full trade mark search and registration service (se Club services, below).
Registering all versions of key words as Domain names
Even if the business is not presently trading on the Internet or planning to do so, appropriate domain names should be reserved now to block registration by others.
Subscribing to Company Law Club's name-watching services
So as to keep all registrations of companies, trade marks and Domain names under scrutiny and warn of any which may endanger your interests.
Constant vigilance
In-house systems should be established to ensure that unauthorised use of any
of the company's names is noted by staff, reported to a senior person with responsibility
for this area, and that appropriate action taken.
Swift response to infringement
It is essential that action is taken quickly once the company becomes aware of any actual or potential infringement of its name. Both practical advantage and common law rights can be lost by allowing another business to become established under a disputed name.
Any infringement should be noted and all details recorded. In many cases infringement
will be inadvertent and a warning letter will be effective to stop the use of
the name. Potential actions may lie for passing off or trade mark infringement.
The powers of the Registrar of Companies to order a change of name may provide
an effective remedy without the expense or hazards of court action. (See related
topic: What is passing off?)
Incorporation Services Limited provides an expert service
on company name protection, including trade marks.
Related topics
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