Deciding on name for business

[MYOB]

Are there companies out there that can advise on the legality of a business name for a new business?

I've been on Companies House and the name, along with a domain, is available. But the main word in the name is apparently trademarked.

Just wondering who if can turn to for advice please.

[FWIW]

Having been through the same process recently, I was advised to avoid using a trademarked name even as part of your company name.

[So]

MYOB said:

Are there companies out there that can advise on the legality of a business name for a new business?

I've been on Companies House and the name, along with a domain, is available. But the main word in the name is apparently trademarked.

Just wondering who if can turn to for advice please.

Yes, Companies House and they don't charge!

Seriously though it is not that hard to choose a name and run it past CH to check if it's allowed. Nor is it hard to secure a domain that matches.

Furthermore, what a company is called is far less important than you think. If you register MYOB Ltd and decide that "Freddie's Ferrets" is more descriptive, you just adopt that as a "trading style". All your branding will be Freddies, and only in the small print will be MYOB Ltd.

I have in the past used a big advertising / marketing outfit to brand a company and they did a good job. But if this is a small start-up I wouldn't waste the money. You can always re-brand later using expensive advice if you want to.

[singlecoil]

(your name)(what you do)ltd
(your name)(what you do).co.uk or .com or both

[Mr Pointy]

singlecoil said:

(your name)(what you do)ltd
(your name)(what you do).co.uk or .com or both

mindyourownbusinessglassdildoblowers.co.uk is going to be a sod to type into a browser.

[PSB1]

singlecoil said:

(your name)(what you do)ltd
(your name)(what you do).co.uk or .com or both

There are limits, of course.

Trevor's Ultimate Fluffers Ltd., may put you on a sticky wicket.

[MYOB]

FWIW said:

Having been through the same process recently, I was advised to avoid using a trademarked name even as part of your company name.

Cheers, who advised you?

The confusion I have is that for example, let's say the key word that is trademarked is "myob". I've seen "myob financial services", "myob recruitment " and so on on Companies House but these are separate businesses.

[MYOB]

singlecoil said:

(your name)(what you do)ltd
(your name)(what you do).co.uk or .com or both

I would rather have a simple brand name and not use my name, especially as I may decide to sell it on one day.

[MYOB]

Thanks everyone else. I am pretty fixated on a particular word as it's using the first 2 letters of my boys and my name. And it's short and sweet.

Ideally I want to use this along with a descriptor of the service I'll provide.

Companies House says it's available but looking at another Government site for trademarks says no.

[So]

MYOB said:

Thanks everyone else. I am pretty fixated on a particular word as it's using the first 2 letters of my boys and my name. And it's short and sweet.

Ideally I want to use this along with a descriptor of the service I'll provide.

Companies House says it's available but looking at another Government site for trademarks says no.

What are the letters and what broadly is it that you are going to be doing?

[rm163603]

The trademark will relate to certain classes.

You may well be able to trademark the same name / word if the goods or services are in a different class.

For example we have the same trademark as a number of other businesses but as what we do / sell is totally different then we had no problems registering the trademark.

The hardest part is coming up with something that's 'trademarkable'. There are a lot of restriction on what you can and can't trademark.

The main issue really is making sure your name is distinct so people can find you online.

[MYOB]

That sounds promising. I'm not looking to trademark personally.

So using your analogy, google is trademarked but one could set up a name such as "Google electrician" given the different classification?

Meanwhile, if Companies House says the name is available to register as a Ltd company, is this the pony approval one would require?

[breadvan]

MYOB said:

That sounds promising. I'm not looking to trademark personally.

So using your analogy, google is trademarked but one could set up a name such as "Google electrician" given the different classification?

Meanwhile, if Companies House says the name is available to register as a Ltd company, is this the pony approval one would require?

Yes, all well and good until you hear from Google’s lawyers, in this example.

There are more important things to take up your time and money with a start-up, I wouldn’t take the risk personally.

HTH.

[MYOB]

I'm inclined to agree BV. The singular word I was hoping to use is definitely trademarked. It is most definitely not worth risking.

Back to the drawing board.

Thanks all.

PS - the word I was hoping house was "midas" followed by a specific descriptor.

[singlecoil]

MYOB said:

singlecoil said:

(your name)(what you do)ltd
(your name)(what you do).co.uk or .com or both

I would rather have a simple brand name and not use my name, especially as I may decide to sell it on one day.

What would be the problem about selling it with your name, is it a particularly unusual one?

[DSLiverpool]

I admired Lakestar as a company and called our new venture Velstar which is handily VE15 TAR for £399 go me!

[MYOB]

singlecoil said:

What would be the problem about selling it with your name, is it a particularly unusual one?

Yes, it's Irish and difficult to spell. I would rather have something memorable and easy to search on Google.

[Sheepshanks]

MYOB said:

FWIW said:

Having been through the same process recently, I was advised to avoid using a trademarked name even as part of your company name.

Cheers, who advised you?

The confusion I have is that for example, let's say the key word that is trademarked is "myob". I've seen "myob financial services", "myob recruitment " and so on on Companies House but these are separate businesses.

A customer of mine had a load of hassle with this and had to to change his company name. The offending word was the name of an animal and he'd been told such words couldn't be trademarked. In the end he gave up as they had more money to throw at it than he did.

[bristolbaron]

MYOB said:

I'm inclined to agree BV. The singular word I was hoping to use is definitely trademarked. It is most definitely not worth risking.

Back to the drawing board.

Thanks all.

PS - the word I was hoping house was "midas" followed by a specific descriptor.

Looking on CH, there’s loads of Midas Ltd’s, I’d be very surprised if it was an issue unless you’re in similar business as the trademark owner.

[MYOB]

bristolbaron said:

MYOB said:

I'm inclined to agree BV. The singular word I was hoping to use is definitely trademarked. It is most definitely not worth risking.

Back to the drawing board.

Thanks all.

PS - the word I was hoping house was "midas" followed by a specific descriptor.

Looking on CH, there’s loads of Midas Ltd’s, I’d be very surprised if it was an issue unless you’re in similar business as the trademark owner.

This is where the confusion lies. Plenty of "midas" related businesses on CH. However, on UKIPO, there is Midas listed under the same classification as the business I'm intending to establish. Mind you, the business is nowhere near similar to the trademarked "midas" but according to their classification guidance, they fall under the same classification.

The only way I can be absolutely certain is to pay for the advice of a solicitor specialising in trademarks, and I'm not keen to spend money here when it's needed elsewhere.

Edited by MYOB on Tuesday 3rd December 23:21