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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Business Law: Hi - I would like to confidentially discuss

Resolved Question:

Business Law:

Hi - I would like to confidentially discuss an objection to me trading as my legal UK business name, it does not appear to contravene any IP or TM
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : This is a public website but we can certainly help you.
Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : This is a public website but we can certainly help you.
Customer:

Hi Alex. When you say public - does that mean ALL our discussions will be open for general viewing?

Alex Watts : That is right.
Alex Watts : It should also note this on the disclaimer on the left of our chat.
Alex Watts : your personal details do not show of course.
Customer:

OK - So I guess I may have to be a bit cryptic. I am trading as my Legal registered UK incorporated business name. I have searched the online IPO site and cannot see that the name has any trade marks against it, but the company is one that went into administration many years ago. The assets of which were purchased by another company from the administrators along any IPO and goodwill. Since I formed the company last year, have the incorporation certificate and wish to start trading as that name - but have been threatened with a world of legal pain if I do. Is this right?

Customer:

In other words - If I only stick to the actual registered name, no abbreviations at any time - could I still be in hot water?

Alex Watts : Does the other company use the old name please?
Customer:

Not that I am aware or can find any record of - they operate under a different name

Customer:

And I assume if they did operate under that full title in some small way - I could not have registered it at companies house?

Customer:

Or at the very least there would be a current registered trade mark against the full name that ends in limited

Customer:

I have even added a note on our website to say that this is a NEW company and not in anyway affiliated or connected to any other companies that may have used the same or similar titles...

Alex Watts : Ok. The test is this
Alex Watts : Could customers be comfused with the name you are using and the one the other company is using.
Alex Watts : If the answer is yes then you should not use it
Alex Watts : If the answer is no then you can
Alex Watts : If the other company is no longer using the old name then you can use it.
Alex Watts : But it must be that they are not using it so customers can't be co fused
Alex Watts : confused
Alex Watts : Can I clarify anything for you about tis today please?
Customer:

OK - So if I make it quite clear on our website, to remove any potential confusion I should be OK? And no - the other company does not publicly market itself as trading using this name, or trade as this name, if you order parts or services from this company the receipt or invoice has a different name on it.

Customer:

What is the choose to change this in the future?

Alex Watts : Yes indeed,
Alex Watts : In future the same test applies, could a customer be confused.
Alex Watts : Does this help?
Customer:

So I can protect myself from removing all confusion on our publicly facing marketing / pr and literature? It is all about removing the confusion and we are all good?

Alex Watts : Yes.
Alex Watts : Removing confusion....
Customer:

Thank you Alex

Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer:

With pleasure - this is not a case of trying to ride on the back of their success - willingly remove all doubt publicly

Alex Watts : Indeed. All the best,
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