If you're building up goodwill in a name, you need to make sure no-one else starts using it, or a name like it.
You can ask us to arrange for the Companies Index and Trade Mark Registry to be monitored for similar names. You can monitor the web yourself, regularly checking for similar names on search engines like Google.
You will need to take prompt action if a name is registered that you object to.
Negotiation is often the best solution but you can end up in a formal dispute. If you do, be careful. You'll often have multiple, overlapping remedies. For example:
1. There is a procedure for objecting to the Registrar of Companies .
2. There is a quick, easy remedy in cases of flagrant domain name abuse ('cybersquatting').
3. You can bring an action in the Courts for trade mark infringement or for 'passing-off' where you have no registered trade mark.
BUT different criteria apply in each case. You need expert advice and a risk assessment to make sure you choose the right remedies to pursue, and co-ordinate them. If you make the wrong choices, the dispute can be longer and nastier than it needs to be.
Name disputes require judgment and experience - we can help you decide on the action to take.
We hope the above information gives you a good start - but when you're ready to get serious about your name, contact us for help and advice.
