Protect Name?

[nicky]

Is there an offical way in which you can register a company name to stop other people from stealing it? Bear in mind I am based in the UK and am not sure about whether the laws are different about this kind of thing.

[Craig]

Hiya Nicky,

Well, there are a couple of ways that spring to mind straight away. One would be to incorp. your name, such as into an LTD.

The other obvious way would be to register it as a trademark.

Im also alittle confused as to what you mean about stealing it?

Looking at your website I take it that you are currently setup as a Sole trader? Or Partnership? As I could not see any company numbers or otherwise.

Craig

[nicky]

Hi Craig,

As far as I am aware, anybody could setup a new business and use my name company name (Fireal). They could then argue that it is their name.

What I wanted to know is...is there a way in which I can protect my company name (register it to me) so that legally, no-one else would be able to use it.

I am a sole-trader at the moment. I don't mean to sound too stupid but what is an LTD?

:offtopic: By the way, since you've visited my site, i'm looking for some feedback if your free for a sec :

http://www.hosthideout.com/showthread.php?threadid=2398&goto=newpost

Cheers.

[Furnace]

Take a look at companieshouse.com and in particular these pages - http://ws3.companieshouse.gov.uk/notesfaq/

[Adam]

Registering a trademark...that includes images aswell ie logo icons...but have you any more info on registering trademark...like a proper ® and not a standard unregistered ™ ?

Any info on this wuold be great!

[emstro]

This is an over simplified answer, but basically if you register a name, no one else may use the name if they are in the same indusrty as you. If you were a hosting provider, and someone else with the same name was selling jelly for example, there would be no conflict, and they would rightfully keep the same name as you.

[MrManager]

You may want to try http://www.corporation.com or similar services. They explain how to create what we refer to (and what you're looking for) as a registered trademark.

If your name is really that important, you may have some legal ground, assuming you register your trademark before sending out that firmly stated or nasty letter to the offending company or inidividual. But keep in mind, a LOT of online ventures are run by individuals or couples 'saying' they are companies to artificially drive up their credibility a notch or so, so you best have a pocketbook to follow-through with these folks assuming they give you the finger and call your bluff.

I liken registered trademarks to being awarded a judgement in a US-based Small Claims court against someone who you believe owes you money. The judge can rule against them saying they now 'legally' owe you the money, but the judge cannot FORCE them to pay. Collection of the funds remains your responsibility. Same goes with trademarks. You can FEDEX them a legal-sounding 'Cease and Desist' letter, but if they blow you off and you really want them to stop using your name, a formal lawsuit arriving on their doorstep will most likely get their attention and test their tenacity - fight it with their own money, or lose the name. In either case, your costs are not recouped for the legal fees of filing and then dropping the charges, but the point was made and that's one down, who knows how many more to go.

Expensive process to do it thoroughly. I suppose you just decide what value your name has to you and what you're willing to shell out to protect it.

Hope this helps.