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C.Cornel
C.Cornel, Lawyer
Category: Law
Satisfied Customers: 272
Experience:  Senior Lawyer at Legal Group
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I have a business partner in start up who I want to

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I have a business partner in start up who I want to relinquish relationship with. they are obsessed about me not using domain name which i registered under my name and chose - I want to continue the business and set up new trading name, How can i do this? we had no shareholders agreement in place we had no co-founders agreement in place. can they prevent me using the name I registered?
JA: What state are you in? And have you consulted a local attorney?
Customer: London
JA: Has anything been officially filed? If so, what?
Customer: UK
JA: Anything else you want the lawyer to know before I connect you?
Customer: No think that is it in a nutshell.

Hello, my name is***** am a licensed lawyer from the UK.

Customer: replied 8 days ago.
Hi Cornel
Customer: replied 8 days ago.
I'd prefer to communicate via message app initially
Customer: replied 8 days ago.
What are your thoughts on my situation re: parting company with co-founder of start up. We have no signed agreement and so am I free to continue or would I be taking a big risk?

There wouldn't by any particular risk in that regard, and you can trade and continue your professional activities regardless.

I have explained below certain pertinent and relevant points concerning the procedure of trading under a different name.

A business wishing to trade as a UK company must be registered at Companies House. This process includes choosing and registering a company name. A company may only have one registered name, but can have multiple trading names, as required.

A trading name is ***** ***** (or names) used by a person, partnership or company for carrying out business, which is not the same as their own name or official registered name. A business may use as many trading names as it requires, but these cannot be registered as official names of the company. They are often used for marketing purposes to distinguish one division of the company from another.

Whilst unregistered, trading names are ***** ***** to certain legal restrictions and must comply with many of the provisions required, and listed above, for company names, the following differences should be observed:

When a business name would be so misleading as to the nature of the business’ activities as to cause harm to the public, it will be prohibited.
The rules on ‘same as’ and similar names do not apply, however it is still important to make relevant checks to ensure that another business does not make claims for misrepresentation, trade mark infringement or passing off.

A final point to note is that having a company name is ***** ***** same as having a registered trade mark. In order to have exclusive rights over the name or brand, these must be separately registered as a trade mark, and it is often prudent to check the register of trade marks before registering a company name to ensure that the businesses brand can be protected and does not infringe anybody else’s existing intellectual property.

The Business Names Act 1985 imposes certain legal requirements on companies adopting this business technique. The most obvious point is the trading name cannot be the same as or similar to another company or business name in a way that might be confusing. In the same way that you cannot register a company name with the same name as a company that is already registered, you cannot register one company name (which is completely different) then use a trading name which is the same as a already registered (and trading) company name.

Secondly, the use of sensitive words is prohibited/regulated in use as part of a trading name in much the same way as it is for limited company names. So using words like “association”, “group”, “federation” and similar words is prohibited.

Thirdly, if using a trading name as part of carrying out business, a company is required to display the appropriate information in all places where the business is carried out and on all documentation, invoices and alike. So for example, if ABC Limited is trading as XYZ, then they must make as much clear on a notice at their premises, on paperwork and website displaying – “ABC Limited trading as XYZ“.

It’s clearly important to carry out a company name search to ensure that the trading as name is ***** ***** registered as a limited company.

So it is advisable to carry out a company formation and register the trading name as a limited company, then keep that company dormant.

Thank you.

Customer: replied 8 days ago.
Great idea - so if i keep the other company dormant regardless of what is owned by the other company i still have 50% shares in it and so they can stake no more of claim over the trading name as that in essence becomes my trading name and the name of my LTD company. Thus giving me the right to use the domain name (which is now same as Limited company name) and relinquish any charges he may throw at me for continuing to trade under the trading name. He has ensured that his twitter handle is under the trading name - can I do anything here to stop him using this as he has fixed this to his personal mobile and his personal email address., he has also attached a linkedin company profile to his name under the trading name is ***** ***** I can do to stop him then using or trading under that name?

Yes, that was my super productive advice in regards ***** ***** circumstances.

You can stop him trading under a particular name only if he is in breach/infringement of The Business Names Act 1985 or further laws.

Otherwise, it would not be possible to stop him.

Thank you.

Customer: replied 8 days ago.
okay thanks so it sounds like he can continue with his twitter and linked in company pages

My pleasure.

Yes, that is correct.

Have a lovely day!

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