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Buachaill, Barrister
Category: Law
Satisfied Customers: 13233
Experience:  Barrister 17 years experience
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I am looking to get some more information on naming my

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Hello I am looking to get some more information on naming my Business
JA: Where are you? It matters because laws vary by location.
Customer: South Wales in the UK
JA: What steps have you taken so far?
Customer: None yet, all I have done is email companies house but they told me to seek legal advice
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. What information do you want on naming your business? What intended name do you have in mind and what is the problem with it?

Customer: replied 1 year ago.
I am looking to name my business 'Fresh Kitchen', I noticed that there is another company in America who trade under that name, also, the Supermarket 'Sainsburys' use that name for their in store Cafe's. I looked it up on the companies house website and it says that the name is ***** ***** use, but I am abit skeptical for the reasons above.any help you can provide would be great, thank you.
Customer: replied 1 year ago.
Sorry can I cancel that phone all or have I already been charged?

2. What area are you going to trade in?

Customer: replied 1 year ago.
In South Wales, UK

3. You will need to contact Customer Service to see if you have been charged for the Live Phone Service. I don't have that information to hand.

4. What line of business are you going to trade in? I didn't mean the geographical location.

Customer: replied 1 year ago.
No problem, it is a food takeaway
Customer: replied 1 year ago.
a catering/takeaway

5. You need to chose a different name for your business because under the law of passing off, any existing business, such as Sainsbury's with goodwill in catering or takeaway can sue you for use of the same name of them, which they currently trade under. So, whilst the business in America is unlikely to come after you for using the same name as them, there is the possibility of someone like Sainsbury's objecting to your business name because they have existing goodwill in a catering business with the same name. Additionally, it is likely that Sainsbury's have trademarked this trading name for categories in the trademark registration. So, you will need to check what categories they have trademarked because they can prevent you trading in any of these categories, such as catering, if they have trademarked the name. So, I would advise you to choose some other name for your business.

6. If you want to provide additional details, I will be happy to clarify my answer. Thank you for using the website.

7. Please use the buttons at the top of the screen to rate or accept the answer as unless you do so your Expert will not receive payment from the website despite answering your question.

Customer: replied 1 year ago.
the fact that someone else in America uses that name, shouldn't be a problem for me if its not been taken in the UK?
Customer: replied 1 year ago.
where would I find where Sainsburys uses the 'Fresh Kitchen' in which categories?

8. Yes, American businesses only get interesting in naming rights if they want to open up in the UK. Secondly, you need to check the trademark register to see what areas of business the name "fresh kitchen" has been trademarked by Sainsbury's. Be aware that they will almost certainly have trademarked a name they trade under as this is what their legal advisers would advise so as to protect them against competition using the same name.

Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
That's great thank you for your help

9. You are welcome. Best wishes.