Trademarks - Protecting business name and logo

[magic torch]

Say I owned a business called 'Magic Torch Bakery', what would be the best way to stop another company using the same name?

The business I'm referring to, which isn't a bakery, is a limited company. There's another business nearby, run as a sole trader with a very similar name. Both businesses used to be owned by the same person, hence the similarity.

Would I be able to trademark my name and ask the other business to change name?

If so, anyone know rough costs for doing this?

Thanks.

[Fidgits]

I'm no expert.

BUT, I think if your a registered limited company that gives you trademark over the 'official' trading name.

However, someone can have a very similar name legally, such as 'Magic Torches bakery', I don't think there is any way to legally make them change unless its indentical.

[Plotloss]

Passing off is the term isnt it?

Ongoing use of a mark/business name provides some protection and you cant trademark something which is already in use by someone else.

I think it would be very difficult to force the other party to change their name if they arent completely willing.

[magic torch]

Fidgits said:

someone can have a very similar name legally, such as 'Magic Torches bakery'

There's more similarity than that, people have to use the address to distinguish between them when referring to them.


O/T YHM.

[magic torch]

Plotloss said:

Passing off is the term isnt it?

Ongoing use of a mark/business name provides some protection and you cant trademark something which is already in use by someone else.

I think it would be very difficult to force the other party to change their name if they arent completely willing.

Cheers, that's what I thought, they're protected by the fact they've been trading under that name for a couple of years. Whereas a new business couldn't take on the name?

[Plotloss]

I assume (no expert here at all, just starting to look at trademarking myself) that if a new company came to market and used an existing mark that they would have no protection at all.

So lets say you started a corner shop called Harrods and used Green and Gold as an identity and had a script like logo then you'd be on very shaky ground from the off.

[BliarOut]

Plotloss said:

I assume (no expert here at all, just starting to look at trademarking myself) that if a new company came to market and used an existing mark that they would have no protection at all.

So lets say you started a corner shop called Harrods and used Green and Gold as an identity and had a script like logo then you'd be on very shaky ground from the off.

Just look at the way Toys R' Us chase down anyone who uses the R' in their name even if it has nothing to do with toys.

[Fidgits]

I think you should probably speak to him about it.

Explain you bought the company AND the trading name of the Ltd company, and that you would be greatful if he would change the name of his current company to something less identical?

[magic torch]

Fidgits said:

I think you should probably speak to him about it.

Explain you bought the company AND the trading name of the Ltd company, and that you would be greatful if he would change the name of his current company to something less identical?

He could say the same thing, I created the ltd co. to purchase the business.

Might bite the bullet and rebrand anyway. Each business could suffer / benefit from the other's reputation.

[zenithblue]

I cant remember as its a long time since I did any trademark stuff but there are special rules where trading names are used locally.

A distinction also needs to be drawn between a so called business purchase and an asset purchashe.

[aceparts_com]

I've used HLBB shaw for my trademark stuff. Is it worth it? Well if down the line you've built something valuable then yes. If not then no. Time will tell. Cost about £1000

Edited by aceparts_com on Thursday 18th January 09:54