RE: sole trader business name query- plz help
TFGTV | 02/08/2007 01:46 PM
Read some of the other messages.... Is kinda floating near the top just now.
The short answer is yes, pretty much. Just remember that things like logos and graphics fall under other rules such as those of copyright and trademark. We have many good graphics people here who will help if you need a designer.
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Matt Quinn.
www.tfgtv.com
Corporate Communication for SMALL Businesses!
RE: RE: sole trader business name query- plz help
JayUK | 03/08/2007 12:25 PM
Thanks for your reply
So from what I can gather, there isn't really a need to get it registered. I'm sure it would very unlikely anyway that someone will want to copy the name.
Just one more query: The national business register can protect a domain name for a website. However, thought that when you put a website on the net, it won't let you use a domain name that's already in use. So, if someone wanted to use my domain name, how could they, it's not possible is it to have two websites with exactly the same address?
Thanks.
P.s: Don't suppose you could recommend a good online shop that deals with things like embroidered clothing? The kind that will embroider a polo shirt + design etc?
RE: RE: sole trader business name query- plz help
TFGTV | 03/08/2007 10:39 PM
Well; you do obviously have to register with people like the Inland Revenue etc... But you know that of course....
And the bank will probably want you to open a business account under your trading name..
But no, there's no need and actually (as far as I'm aware) nowhere you CAN 'officially' register your name... I think it's a case of FIRMLY establishing your trading presence then FIRMLY defending it wherever the situation warrants.. KEEP things like old adverts and press cuttings. In years to come they might help you establish your rights to what can become a valuable asset.
As James pointed out he wasn't actually recommending the 'national business register'; merely pointing to their existence. If you actually read the small print they actually DON'T protect your domain name. And in fact, as I pointed out in my own post, there is at least one domain they're prepared to sell you that would see you facing MY lawyers in court. Let's be VERY clear; all these people do is sell you an insurance policy! and/or provide a few other very common business services.
Domain names are unique and no, no-one can have the same name as you. the mechanics of the system don't allow it. But Just bear in mind that there are many options for the same name,... i.e xyz.com and xyx.co.uk and xyz.tv are three different domains.... And there's an issue with very similar names.
Just because a domain (or trade) name is free DOESN'T mean it's a good idea to buy it and trade under it. Even if the trade name you adopt is just 'close' to another you can be in hot water.
In the past few weeks for instance I've happened across an ebay trader calling himself the 'carfonewharehouse'; just to bubble the pot a little he had links to the REAL deal on his page: He was selling cheap accessories and making his 'store' look much bigger and more legitimate with links to 'phone deals... a clear case of 'passing off' and I suspect by now he resides under a ton of bricks!
Then you have to consider whether you actually WANT to crucify someone or not....
In the past few months I personally have taken action against a guy trading as 'clydeside designs' yet left another outfit called 'clydeside productions' alone...
WHY? Well the former was Glasgow based (and had actually NICKED my logo!) and was trying to associate his 'media production' business with the city in the same way I had 20 years ago. What's more HIS 'media production' activities were potentially damaging to my business as he was offering to produce pornographic material.
The latter was (is) US based. Had adopted the 'clydeside' name for quite 'eccentric' reasons and had a radically 'different' agenda from mine... (and is also run by a rather stunning brunette; but that's another story
)
In both cases I have an 'actionable' set of circumstances. But clearly the former was a deliberate attempt to 'steal my thunder' the latter just an 'erroneous happenstance... '
I have made the latter 'offender' aware of my claim to the name which DOES hold precedence over hers. And made it? QUITE clear that programme produced under that name have and continue to be distributed in the U.S. And IF she were to move into TV programme production (as opposed to film, in which I have no interest) then I would unleash the hounds... But why make an enemy when you can make a friend?
It's worth adopting a firm stance from the outset. "Nicey Nicey" might be a modest set of ambitions now, but for all we know, in 20 years time, you could have a "Nicey Nicey" on every high street....
Oh and you might want to take a look at http://www.clydesidepromotions.co.uk/
NOTHING to do with me... and I won't be suing them anytime soon
But I believe they may have some items of interest to you.
Regards,
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Matt Quinn.
www.tfgtv.com
Corporate Communication for SMALL Businesses!