UK CO's not registering their trading name

The Guvnor

Basically came across this recently.

We know that in the UK you cannot register a business name so many go and register a LTD company and keep it dormant just to protect the name.

However some co's do not bother - which got me to thinking:

• I run abc.co.uk for example
• However my ltd business is called def ltd
• I never bothered to register an abc ltd.
• I never bothered to register a trademark or ipo.
• I do however own the domain name.

How much of an issue is this for def ltd in our example above if someone comes along and registers abc ltd and registers that as a trademark etc?

Registrations like this are on a first come first served basis so to me it looks like it could be an issue.

One company I came across who fall into not registering their trading name as an LTD are £20m T/O.

Opinions welcome.:)

antoinolachtnai

Registering a limited company is not a reliable way of protecting a name. You would be much better to register a trademark. It would probably be cheaper to register a uk trademark than to register and maintain a limited company (though I have not checked this.)

It is not quite true that registration of trade marks is 'first come, first served'. It is sort of true, but not quite. You will have the opportunity to object to grant of a trademark (if you keep an eye on the official journals.)

If you need protection online, i.e., on an international basis, a community trade mark is probably the starting point for you, and you might consider the options for a US trademark too.

Even if you have no trademark, no company and no trading name registered, you do still have legal protection against 'passing off'.

Any trademark or passing off action will in practice be expensive.

The Guvnor

Thanks!

I think a trademark is about £200 to register but this is for 10 years and then it is the same or similar amount for each additional class.

I do not have any definitive answers but as you said any company defending a passing off or similar claim will be in for a lengthy and expensive legal journey.

The Guvnor

I think to maintain a dormant company would cost about £15-30 per year to maintain.

robinph

The Guvnor wrote: »

I think to maintain a dormant company would cost about £15-30 per year to maintain.

£14 to file your own annual return online.
Free to file dormant accounts with Companies House online, bit you'll probably need a postage stamp to file with HMRC.

If you've not got a UK address though then paying for the registered office address will probably be a bigger cost.

The Guvnor

On top of the return though you have to file dormant company accounts as well.

robinph

The Guvnor wrote: »

On top of the return though you have to file dormant company accounts as well.

You can file those online with companies house, just then need to sign a paper copy and post them to the taxoffice.

Doesn't cost if you do it yourself, or I'll do it for a fee.

The Guvnor

Correct - I should have been more specific!:)