Choice Of Company Name

We often advise businesses (often new start-ups) that have been approached by a competitor (often on the other side of the country) who have complained that our client has chosen the same, or similar, business name to the competitor.

This is a very common situation. Think of the number of hairdressers called “The Barber’s Shop”.

The circumstances of whether you would need to change your name would depend on the area of your client base, previous trading and other matters.

Whenever we are advising new businesses we always say that it is worthwhile taking some time in scouring the internet, local telephone directory and Yellow Pages, to see if there are any businesses with a competing name.

Clients often think that they have adequate protection if they have a registered company name, or domain name, but this is hardly conclusive. More can be done.

The most cautious approach before launching a new business or venture would therefore be to carry out the enquiries mentioned, as well as a possible trade mark search.

It is much better to start on the right foot, rather than get distracted by threats of litigation when the business has been started.

20 JULY 2009

For further information on Linder Myers expertise in dealing with the issues raised in this article please contact:

JONATHAN HASSALL, PARTNER
COMMERCIAL LITIGATION DEPT
0161 837 6881
jonathan.hassall@lindermyers.co.uk