Business name help please

[Zippee]

I'm after some help re/ legalities of a business name if possible.
My fiance has a hair salon that we opened October last year as a sole trader called Temples - her surname is Temple hence the personal choice for the salon name.
We checked the other local hairdressers at the time to ensure no other salon was using that name and all came up clear.
Today she had a strange chap come into the salon and thrust a business card in her face and said state he was was Temple hair studio - aparrantly over the other side of town, he also said he had a car valeting business called temples car cleaning (which we can see on Yell). We've checked Yell.com for the salon and it's coming up as one called Liberty salon (trading under the same address as the car valeting) and NOT Temples.
What right do we have to trade under this name? Especially as its a family name ratehr than a pure business name?

He's made no demands 'yet' for us to change the name but we want to arm ourselves with as many rights as possible just in case.
As previously stated we're trading as sole at present not Ltd.

[Plotloss]

If the other business is not trading as Temples Hair Salon or anything resembling Temple then you have more protection that he does as you have a trading history with that name.

[Eric Mc]

There are no real limits or restrictions to the use of business names in the UK and no formal method of registering them - unless you go down the "trade mark" route.

If a rival business feels that your business infringes on a business name they already are using or they feel that your business name is likely to confuse or mislead potential customers, they can apply for a court injunction blocking you from using that business name.

In the circumstances cited by you, I would guess that this chap has very little argument on the basis that his business and the business operated by your girlfriend are totally different.

[Zippee]

Plotloss said:

If the other business is not trading as Temples Hair Salon or anything resembling Temple then you have more protection that he does as you have a trading history with that name.

Trouble is he came in saying he's been using tha name for the last 13 years - BUT we'd have known when we did our research early last year (we checked every salon in Bedford).

Is it right you've more rights to use a family name for the business name though even if another business uses the same?

[Plotloss]

Family name is largely irrelevant.

If no one knows his business as Temples Hair Salon then he has no case.

The fact he has Temple Car Washing is also irrelevant.

[Zippee]

Thanks guys - so the onus would be on him to prove the salon he currently has (Liberty hair salon according to YELL) has been trading under the Temples name since before we started?

[Plotloss]

He's accusing you of 'Passing Off' (Google that).

It doesnt sound like he has a case if no one knows his salon as Temples, formally.

[Zippee]

Also just found out that apparently he changed the name of his salon in the last few months (though as mentioned still Liberty in phone book) as we were going to go and get a photo of his salon with the other trading name.

Is there anything we can do in the meantime to help? Register the name?
We spent a fortune on signage, stationary etc and can't afford to re-brand now.

[Plotloss]

So you were trading as Temples before him?

He's literally not got a leg to stand on.

[Zippee]

Plotloss said:

So you were trading as Temples before him?

He's literally not got a leg to stand on.

Thanks - just pre-emptive panicking!

I've saved the yell screens to prove the old name and the trading address of his car valet service.
Presumably we could now have a case t get him to change the salon name? How can we go about doing that?

[Brown and Boris]

Zippee said:

Plotloss said:

So you were trading as Temples before him?

He's literally not got a leg to stand on.

Thanks - just pre-emptive panicking!

I've saved the yell screens to prove the old name and the trading address of his car valet service.
Presumably we could now have a case t get him to change the salon name? How can we go about doing that?

Souns like he is the one 'passing off' IMHO. Perhaps miffed you have the same name and his hardressers customers know the owners name rather than the busine name, so may think you are them in a new location. As it has been said if he hasn't been using the name he can hardly complain.