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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My company name is ***** ***** XXXXbut I would

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My company name is ***** ***** XXXX but I would like to trade as XXXX. There is currently a company in the UK called Truckweld Limited that is almost an identical company to ours. They have been trading under XXX since January 2006. We have recently applied for a trademark for truckweld before we knew of the other company, are we at risk doing this?

Hello my name is ***** ***** I will help you.
Are they in the same industry sector as you?
Customer: replied 2 years ago.

Hello Alex,

Yes they are.

No you are not at risk. But clearly if they object to the XXXX there is not going to be a lot you can do. The difficulty is they have been trading using that name for longer than you. However if they are located some distance away, that will certainly help. The test is can customers be confused between you and them. If the answer is yes then you are in breach of intellectual property of passing off. If the answer is no, then you are fine. If you are both national and in the same industry then that is a risk for you. Can I clarify anything for you about this today please? Alex

Customer: replied 2 years ago.

Hi Alex,

We are only 100 miles apart and in the same industry. Does it make a difference that our logos are completely different and that we are advertising as instead of XXX

I dont think s because the test is can customers be confused.
Given you are only 100 miles apart I think it is possible.
I am sorry.
Customer: replied 2 years ago.

That makes sense I guess.

I appreciate your help.

I am sorry it's not better news.
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Customer: replied 2 years ago.

Hi Alex,

If I was to continue to trade under my original name (which is completely different) but still use my logo that has, will this still be acceptable?

Or, could I get away with slightly changing the name to t****welder?


The test is could someone be confused? If the answer to that is yes then you can't use it.
So if you use the logo which has - it is possible you would still land yourself in hot water. Same with truckwelder - could someone be confused between you and them?
Customer: replied 2 years ago.

The problem I have now is they are using descriptive words, my company welds trucks and because they are using the name T***weld I can't use anything similar.

For example, if a website design company called itself webdesign, would that mean no-one in that industry can use the term web design or advertise their website as because someone has called them self webdesign?


They have been trading since 2006 so established to a certain extent. You could call yourself Mac's truck weld for example. But they have been using the sole name truck weld so can't get confused with that.
Does that clarify?
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