Ot company name question

[superfeathers]

Sorry but an off topic question as know there is a lot of knowledge on here and google isn’t giving a clear answer!

Myself and a friend are looking to set up a business. One of the company names we like is free in this country ie not on companies house but there is a company in Canada called it.

What are the legalities around this? They operate the same type of business but in Canada?

[binman]

There is a company in USA with the same name as my company - they are huge as well - they don't seem to be bothered about us

[MOZZER2]

is that a limited company name ?

[blue matt]

You can setup and use any name, though you can just add uk to it, you might not use it in marketing, but the business name is just A N OTHER BUSINESS uk

the thing to be wary of is " passing off " and trademarks, for example you couldnt call yourself " Taco bell " as that is a well known name / brand in the US ( though i believe they have started to open in the uk )

[NYCBlue]

If they haven't filed a trademark registration in the UK, you will be fine.

[length]

What area is your business in?

Between everyone on here, we'll think of a better domain.

[the other bob wilson]

It's a long time ago now, but I worked in the New Companies section in Companies House back in the 70s and, as I remember it, we only used to search the UK list of registered companies when looking at a new application - providing the system is still the same, and you're only talking in terms of a limited company name, then you should be alright as far as the Canadian company is concerned.

There was also a register of Business Names which I knew little about, but only three or four people worked there and it seemed a much smaller operation - I seem to remember that there was a less thorough search done with them, but Business Name status did not offer you the same rights as Limited Company status did.

Blue Matt and others are right when they say it becomes much more complicated on the Trade Marks side. I worked in the Trade Marks Registry for twenty years before accepting early retirement in 2009 and the search procedure was a lot more thorough for them than limited companies - it was part of my job to warn of potential objectors and there was a period of a couple of months I believe it was between a mark being advertised in the Trade Marks Journal and it becoming a registered mark which enabled other companies to oppose if they thought their rights were being infringed.

It doesn't sound as if you want to register your business as a trade mark, but if you did, you would probably have to anticipate a challenge from the Canadian company as you say they are the same type of business as you.

[superfeathers]

What area is your business in?

Between everyone on here, we'll think of a better domain.

It’s in recruitment

[superfeathers]

Thanks for all of the answers. So it sounds as though as long as long I’m not and they aren’t registering a trademark it’s fine which I wouldn’t.. thanks

[Taunton Blue Genie]

It's a long time ago now, but I worked in the New Companies section in Companies House back in the 70s and, as I remember it, we only used to search the UK list of registered companies when looking at a new application - providing the system is still the same, and you're only talking in terms of a limited company name, then you should be alright as far as the Canadian company is concerned.

There was also a register of Business Names which I knew little about, but only three or four people worked there and it seemed a much smaller operation - I seem to remember that there was a less thorough search done with them, but Business Name status did not offer you the same rights as Limited Company status did.

Blue Matt and others are right when they say it becomes much more complicated on the Trade Marks side. I worked in the Trade Marks Registry for twenty years before accepting early retirement in 2009 and the search procedure was a lot more thorough for them than limited companies - it was part of my job to warn of potential objectors and there was a period of a couple of months I believe it was between a mark being advertised in the Trade Marks Journal and it becoming a registered mark which enabled other companies to oppose if they thought their rights were being infringed.

It doesn't sound as if you want to register your business as a trade mark, but if you did, you would probably have to anticipate a challenge from the Canadian company as you say they are the same type of business as you.

I agree that company names and trade marks are two different things but the example of a Canadian company TM would only cause a problem if that company operates in the UK/EU. Registrations are not global by default even when they are in respect for the same classes of goods and/or services.
It is possible to search for UK textual TMs here: https://www.gov.uk/search-for-trademark

[Bald Barry Bastad]

It's a long time ago now, but I worked in the New Companies section in Companies House back in the 70s and, as I remember it, we only used to search the UK list of registered companies when looking at a new application - providing the system is still the same, and you're only talking in terms of a limited company name, then you should be alright as far as the Canadian company is concerned.

There was also a register of Business Names which I knew little about, but only three or four people worked there and it seemed a much smaller operation - I seem to remember that there was a less thorough search done with them, but Business Name status did not offer you the same rights as Limited Company status did.

Blue Matt and others are right when they say it becomes much more complicated on the Trade Marks side. I worked in the Trade Marks Registry for twenty years before accepting early retirement in 2009 and the search procedure was a lot more thorough for them than limited companies - it was part of my job to warn of potential objectors and there was a period of a couple of months I believe it was between a mark being advertised in the Trade Marks Journal and it becoming a registered mark which enabled other companies to oppose if they thought their rights were being infringed.

It doesn't sound as if you want to register your business as a trade mark, but if you did, you would probably have to anticipate a challenge from the Canadian company as you say they are the same type of business as you.

I've just trade marked my business name and can confirm everything Bob said above is still true.