- Protect company name at all cost
- How To Protect A Company Name? | Yahoo Answers
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. 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. 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.
Protect company name at all cost
Every business needs a name. In fact, most businesses have several. The legal name often lurks in the background and most consumers never see it, while trademarks, trade names, and domain names are generally the most visible and important client-facing identifiers. Knowing the differences between them will help executives protect their brand and communicate with their target markets.
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You're only likely to become aware of what's happened once they have misused your company 's name. Tip. Use CH's PROOF system to make it very difficult, if not impossible, for fraudsters to change and so misuse your company 's name. Companies House updated PROOF
In an attempt to get more companies to use PROOF, CH updated its guidance in December 2015 on how to register for and use the scheme. It's free to use and only needs a few minutes to set up. The guidance now includes a short YouTube video demonstration on how to add your company to the scheme (see The next step). Are there any restrictions? According to CH the only situation in which you can't register to use PROOF is where there's an ongoing dispute between the company officers, i. e. directors and company secretary. This doesn't mean a day-to-day disagreement about business decisions, but rather the type of dispute that might lead to a director or company secretary resigning or being forced out. How does it work? PROOF requires you to submit certain CH forms online rather than on paper, e. g. the annual return and notice of change of directors' details.
What steps are required in order to protect my company name? To register the name of your company go to the Brønnøysund Register Centre. Descriptive names
If you register a name that directly describes the activity in which your company is engaged, you will only have protection against names that are completely identical. To prevent others from using a similar and potentially confusing name, you should choose a distinctive name. Distinctive names
Do you want to protect your name against competitors? Choose a distinctive company name. In other words, a name that does not describe what type of business you are involved in. You will then be in a position to prevent others registering a brand or company name that can be easily confused with yours. A couple of good examples of distinctive company names are "Freia AS" and "Ruter AS". These names do not describe the goods or services that are being provided. They are purely imaginary names. The more distinctive and imaginative a company name is, the greater the protection it will have vis-à-vis other business names and trademarks.
How To Protect A Company Name? | Yahoo Answers
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It is perfectly plausible that another business has already registered your chosen company (or business) name as a trade mark. This could cause headaches in the future, if they take legal action against you to get you to change your company name. This is why we recommend carrying out a trade mark search before starting the company formation process to register a limited company. It is better to be sure that your company name is available for registration (and protection) on all fronts. When choosing a company name it is also worth bearing in mind the IPO's statement that:
We cannot guarantee that the name of a company accepted for registration at Companies House is acceptable by us as a registered trade mark. You will need to think about these factors when picking the perfect company name. Domain Name Registration
Similarly, registering your business as a limited company does not automatically give you the right to the domain name. Another person or business may well have registered the domain name previously and failing to realise this will prevent you from a web address which is relevant to your company name.
- Company Law Club // Protecting a company's name
- Protecting company name generator
- Protecting Your Company Name - TheCompanyWarehouse.Co.Uk
Distinctive company names and brand names are valuable business assets. They may be protected by actions at common law for passing off and, if registered as such, 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. 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, to an existing name, 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 £13 (for 0n-line registration).
an application to the Company Names Tribunal (part of the UK Intellectual Property Office) can be made, but the Tribunal will only order a company to change its name if it considers that the name 'is likely to mislead by suggesting a connection between the [newco] and the applicant'. Ultimately, the usual legal remedies may be available for infringement of a registered trademark, or under the tort of 'passing off' (a civil remedy to prevent someone else unfairly making use of your commercial reputation). However, these remedies can be expensive and slow, so the remedies outlined above (if successful) will often be the quickest and most cost effective way to get a company to change its name.