Other business using my trademarked company name

[19lottie82]

I registered my business name in february 2018 (at the same time I copyrighted the name as a trademark, and I received the certificate last month) and have been trading since July 2018.

I recently discovered that another business about 15 miles away is using the same name. This business isn’t registered with companies house but is a “side business” of their business of a different name, which is registered. They have a Facebook page which shows the side business started trading about the same time as mine.

These businesses are different but in the same industry and commonly on the same premises.

I worry that people might get our two businesses confused and if they were to do a bad job then it would have a negative affect on my business.

Can anyone advise my rights and how to proceed before I pay to visit a solicitor? Would a letter sent “signed for” asking them to stop using my businesses name, be a first step, then a solicitors letter if they ignore it?

Thanks in advance.

Trademarks are not the same as copyright so your opening statement is confusing. And limited company names are another thing again.

Assuming you have a registered trademark then I would go straight to solicitor's letter.

If you have a registered trade mark, it will be registered in certain categories. Are they using it in the same category you have registered in?

If you have only been trading since July, any chance they were using it first?

Sorry it’s a registered trademark.

Yes it’s in the same category.

Just to clarify. I run an auto repair garage.

This company has a auto body shop, which is registered with companies house. They have also opened a repair business on the same premises, which isn’t registered on companies house, but is using the same name as my business.

The auto repair aspect of their business has a Facebook page which suggests they have been trading around the same time as I have (although the body shop has been open for 2 years).

Not the same names but as a similar example my business is Called “Autotech”.

They have an established business called “Paint-Tech” and now have a new business called “Auto-Tech”.

If they tried to register “Auto-Tech” with companies house, my research suggests they wouldn’t be able to as it falls under the automotive category.