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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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I have a limited company. I want to us a 'trading as' name

Resolved Question:

I have a limited company.
I want to us a 'trading as' name but it looks like the name has been trademarked (http://www.ipo.gov.uk/tmcase/Results/1/UK00002398234) and is also registered as a limited company.
Is the trademark relating to the logo or is it the use of the name?
Can I still use my chosen trading name?
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Buachaill :

1. IN this instance the logo and trade name has been trademarked, but only for a certain category of uses. Accordingly, you can use the same name for a different trade usage. YOu are not restricted by the trademarking if you want to use the name for a use unconnected with that specified. Class 41 protection only relates to - "Publication of journals, written articles, reports and research documents, all relating to digital prepress, printing, publishing and distribution; consultancy services, all relating to digital prepress, printing, publication and distribution". Accordingly, if you want to use the trade name "Digital Dots" but it is an unconnected use, such as selling apples and oranges, then you can do so. The only other limitation applies by law is that there shouldn't be a degree of confusion between your business and this Digital Dots business. Customers must know that you are a different business. You can register Digital Dots as a Business name for your limited company. But then the business that trades must not be in digital printing, or publishing or distribution. So there is a wide range of businesses you can operate in. If there is any further advice as to a specific business idea you might have I will be happy to help further.

Customer:

Great... that's a relief!

Customer:

I offer digital design (websites, e-commerce etc.) so no connection to printing. I guess that means I'm okay?

Customer:

I have checked online and it appears that the only people I need to notify are HMRC and my bank. Is that also correct?

Customer:

Just one more question, when reading your reply, you mention "... the business that trades must not be in digital printing, or publishing or distribution." ... I wouldn't come unstuck with the 'distribution' aspect? I don't distribute anything and I create online content whereas the company in question appears to offer offline, printing products/services.

Buachaill :

2. Yes, a websites and e commerce business is not covered by the trade mark in this case. Secondly, if you don't distribute anything then you won't get caught by the "distribution" issue. Creating online content is very different to real world distribution. Thirdly, I can see you will need to notify HMRC to start trading. You will need to change the mandate on your bank account so the bank can now accept payments to Digital Dots and not just the name of your limited company.

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