RE: Sole Trader and Business Name
TFGTV | 01/06/2008 09:29 AM
In a word No!
Do a search using their system for "Clydeside TV" or Clydeside Television". These are both trade names I've actively used for 22 years. Neither are on their database.
Now, as it happens, I HAVE successfully taken out a 'passing off' action in respect of those trade names within the past three years.; and yet this so-called 'register' would probably allow you to take up those names. And, trust me, if someone were to breach them I WOULD go after their house!
So, right from the start their service fails a basic test of credibility...
AT BEST what this Company does is sell a very specific, very expensive and arguably unnecessary legal protection insurance. they're NOT any kind of official register, have little or no legal standing and are basically just a company who want to sell you various products.
It's my view that, by adopting the trading style and approach that they do, this company deliberately sets out to give the impression of a credible official body. Again, in my view, that is misleading.
Spend a little time with various search Engines to find out if anyone is using your proposed name. Do a search at Companies House and search a few online directories.
If no-one is using the name you propose 1) Buy the .com domain name and possibly the .co.uk and 2) Go to the bank, open a business bank account under your name 'trading as' .....XYZ. You then have documented 'proof' of when you started using that trading style.
The only useful part of that company's service is the legal protection insurance. However, for the price, it's too specific and too restricted. I'm not involved in either the legal profession or insurance business, so can't advise. But id you DO feel the need to spend £70 to cover your back talk to your business insurance broker who can probably find a more comprehensive product at a better price!
Incidentally, you mention 'trade marks': These are a different thing from a trading name..... See below for more detail.
http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1073791334
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Matt Quinn.
www.tfgtv.com
Corporate Communication for SMALL Businesses!
RE: Sole Trader and Business Name
TFGTV | 01/06/2008 06:58 PM
Absolutely right. In fact there is official means of doing so!
HOWEVER... IF you develop a business, and develop a trade name what you're essentially doing is creating 'goodwill', which is a business asset. You're also creating a brand. IF someone were to later come along and try and hijack that brand and goodwill then you may need to defend your claim to it.
In that sense the sooner the fact you're using that name becomes a matter of independent record the better. For instance, when I raised the action defending the Clydeside name some of the articles I produced to support my claim included old bank statements and an advert clipped from a 1988 Yellow Pages!
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Matt Quinn.
www.tfgtv.com
Corporate Communication for SMALL Businesses!