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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47415
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I am using the business name 'Peanuts Ltd'. It has

Resolved Question:

Hello,
I am using the business name 'Peanuts Ltd'. It has been registered with Companies House in the UK. Would there be a copyright issue or any other implications? It will be used for a fashion company that makes a wide range of clothes.
Many Thanks,
Richard
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you know of any other companies with a similar name that provide a similar service operates a similar business?
Customer: replied 2 years ago.
You're guess is as good as mine!
Expert:  Ben Jones replied 2 years ago.
Ok thanks I will get back to you shortly with my response
Customer: replied 2 years ago.
Thanks
Expert:  Ben Jones replied 2 years ago.
Thanks for your patience. The potential issues you may face are if you are going to infringe a trademark or could be accused of ‘passing off’.
The first thing to do is to go on the Intellectual Property Office’s website and search for trademarks that contain the word ‘peanuts’:
https://www.ipo.gov.uk/tmtext.htm
There are just under 150 results on there for that so you need to carefully check all of them to see if your use of the word can infringe the trademarks registered on there. Just as an example there is an entry on there with trade mark number EU011628161 which has registered the use of this word for a number of classes, such as cleaning products, hand tools and implements and a whole list of other uses. So if your business is going to use this name to promote the same products or services then there could be a potential trademark infringement.
The other potential violation is ‘passing off’. This is a similar issue but concerned with unregistered trademarks or intellectual property. So for example, if there was a local business that used a similar name to yours and they conducted a similar business then where your use of the same could confuse customers it may apply. As an example, if there was a local or national business that was called Peanut’s that was also making clothes and consumers could be confused into thinking they are dealing with them when they are doing business with you, that is when passing off could apply. As this is connected to unregistered trademarks you would not have a database where you can search and it would depend on you doing some research into the name and type of business to see if there is going to be a potential infringement. However, the case is often such that a business may not know they have potentially been guilty of passing off until they are contacted by the company which is making the claim against them. So it is going to be a slight risk at all times but as long as you have done your research and checked that the likelihood of that happening is low, then it should not be an issue in the future.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hello Ben, thanks for you reply. I will be trading specifically as 'Peanuts Ltd' and there are no protections whatsoever using this name as I have already checked this. As for passing off I'm sure this is not a problem either as I'm almost certain there are no other business with a similar name to mine operating as clothes companies. I did just want to clarify this with you. Again thanks Ben for taking time to answer my question. I will leave positive feedback. Richard.