Business Name issue...

[chrispmartha]

I've got an interesting one cropped up with my business, I'll try explain but I'm changing the company names and field that we operate as I don't want to give too much upon on here.

My company is called XYZ Cars Ltd we registered it as a ltd Company 4 years ago. I have recently been contacted by someone from XYZ Vans, they are saying there is an issue with our similar names and it's in a similar location.

XYZ Vans is a trading name of ABC Ltd, however 4 years ago the people behind ABC Ltd registered XYZ Vans Ltd but has never submitted accounts and it is a 'dormant' company.

Here's the tricky bit, we both use XYZ (without the vans or cars bit) for our logos, last year they (ABC Ltd Trading as XYZ Vans) rebranded and the XYZ logo is very similar to ours which we have used since the Ltd company was started, but they trademarked their XYZ logo last year.

Now I am happy and willing to rebrand (as it's probably due anyway) but still want to use XYZ Cars Ltd in my branding, the new logo will be totally different to theirs, but can they dig their heels in and say I cannot use XYZ Cars? from the correspondence we've had I think that is what they are trying to say.

Surely they cannot stop me using my Ltd Company as my trading name?

I have never had an issue with being mistaken with their company but they are saying it is causing an issue for them.

I am going to try get legal advise but thought I'd throw this situation out on here :-)

[singlecoil]

chrispmartha said:

Surely they cannot stop me using my Ltd Company as my trading name?

I should think that the only way they could stop you doing that, bar sending the boys round, is to get an injunction against you. Which will presumably have a cost attached, and which they might not get anyway.

So they will have to decide what's the most cost effective way forward, find a different name or try their luck with the law.

I suggest sticking to your guns.

[Simpo Two]

So they are copying your style and then complaining it's causing confusion...

As long as you can prove you were there first I'd give them the brush off. If anything it is you who should be suing them!

[JuniorD]

Before you do anything else, speak to a registered trade mark attorney. among other things, their registered trade mark for their logo could be invalidated by your unregistered but similar earlier logo.

[chrispmartha]

Cheers guys, I'm not that precious over our logo (we could do with a bit of a refresh anyway) but I am precious about the name as it does have equity with clients, as I say I find it strange tat they could think they could ask me to not use the registered name.

[vdn]

You might have a leg to stand on, regard prior use of the name / logo. So don’t feel you have to back down right away.