Sharing the same company name

[boss44]

As you know i just opened my store. Not in time for christmas as I had hoped but never the less.we registered our companyas a private limited company and have found that there are a number of non limited sole traders using the same name as our company. Do we have any legal rights as I would prefer that we were the only company listed as this.

[bmk]

Hay there
i wish that you will be all right and fine
in response to your question there is important thing is missing you did not mentioned where you live Uk OR USA or any other part of the world
any how
I know that once the company name has been registered under that name cannot be used by any other one

product clonning and styling are the marketing strategy but they cannot use the same name

AS NIKE cannot be used by another shoe company because they have the rights and the trade marks for it they can sue if any body use there name

[m8internet]

That is not strictly correct (for UK)
Although the Limited Company name is protected, this does not make the name exclusive or give it any rights
Equally, any businesses that already existed could easily claim rights to the company name as they will already have goodwill

However, any new businesses would no longer be able to use that same lmited company name, and you could defend that in court quite easily

For that reason you would also need to create a Registered Trade Mark along with the Limited Company
This has to be advised to any other companies and businesses currently using that same name
If they do not object then once you are awarded the Registered Trade Mark you can then request they remove that from their business name, or if they decline go to court

It is well known that large companies do this, by creating sub-brands, registered the trade mark, and then claim the rights
However, in some cases the goodwill was defended by the small business
Equally, some courts have agreed that words alone cannot be protected

[bmk]

Thank you very much for this valuable information that you have shared with me
what i have mentioned i also mean the same that once company has registered its name or its product name it has trade mark that name otherwise there is no legal action can be done on the offender company or on the person

http://www.businesseducationdirectory.com
:D

[m8internet]

Registering a Limited company does NOT protect the name, neither does it protect from any legal action
An existing business can pursue for various copyright protections, such as passing off

There was a case many years ago where a major cleaning company setup a Limited Company after its competitor used that name in an advert
The new Limited company was never used and the cleaning company lost the case

[bmk]

Thank you very much for the reference
but i just want to confirm form you as it seems that you have a good knowledge about the legal entity and its rights and duties about the companies law
I want to confirm from you that as you had mentioned that being registered does not protect the company from the legal actions,I know that,But confirm me that When One company has paid the patent for the monogram or brand name if other company use such kind of brand name or style then the patent paid company can sue for this action
What is your opinion about this scenario

CHEERS:)
http://www.smallbusinessdir.net

[m8internet]

Patents cover products, not names

As for protecting the company name it really depends on the time scale and if a similar business name already exists, what sector they are in, and how they trade

[indig]

In the UK you do not have any legal rights over the Name which has been used to make your business a limited companyand even if it did likley nothing would be able to be done due to them having the name before you was registered. I mean this in a nice way but you should have done your research

[bmk]

as you have mentioned that the patents does not protect the name of the product but it protect the product then can you please define me that if Nike or Adidas has launched the brand name NIKE AIR they have registered that name and its possible that they have paid the patent and another thing as NOKIA had sue APPLE eye phone that apple has try to steal there software technology on which NOKIA has invested $20 Billion dollar in many year of research and development to make a user friendly mobile software.so my question is that what is the procedure to make one product protected from being copied or steal technology.

:Dcheers

http://www.smallbusinessdir.net

[bmk]

Hope you will be all right i think that you are a UK citizen
i think that what you have mentioned that by registering the name of the company IN UK one does not have the legal right on the name of the company then please explain that you have opened a business with the name ITS ABOUT YOU SUPERSTORE in london and you are running this business from many years AND after some year I have also opened a super store name as ITS ABOUT YOU then how will be legal position of your store if you cannot protect the name and Good will of your company

please briefly explain this matter

Cheers
:)

[indig]

Im getting the impression you want to take legal action against these other businesses. What we are saying is what we believe possible theory's maybe professional help about your problem is needed. I just personally believe they will not help you in this scenario