Anyone know the answer to this? RE Sole trader/Ltd company names.

[Teddy1970]

I hope someone out there can answer this question because I've searched and searched and still none the wiser, basically I want to set up a business as a sole trader BUT there is another smallish Ltd company that has the same name, the company has been dormant for over 20 years (still filing dormant accounts) now I know I can't set up a ltd company with the same name, but what about becoming a sole trader with the same name? I phoned Companies House and to be honest, they didn't really give me a straight answer and told me to phone HMRC but the person I spoke to there didn't really know either! Anyone have any ideas? Thanks in advance.

Sole trader, you can pretty much crack on AFAIK. Is there any crossover in company type where you could be sued? Is the dormant company linked fo a live one?

Your legal entity /identity will be "Teddy1970 trading as Company Name" anyway.

Yes ^^

Does the ltd company have any registered trademarks, and will it be in the same selling category

Eg. Apple iPhone
Ape conservatories

a company name registration only stops someone incorporating under the same name or a name 'too like' your company name. Beyond that it gives you no IP rights at all. So it should not be relied upon to protect a name. In theory someone could trade under your registered company name and you would have no recourse to stop that unless you had established trade mark rights via use or registered the company name as a registered trade mark.

Thanks for your replies, when you say crossover, do you mean both companies selling similar products potentially? Sorry to be a bit dim!

And no they've not trade marked their name/logo just registered it at Companies house.

Sorry meant to add my products will be very similar or the same as theirs.

Has it ever actually traded though, or has it always been dormant?

I don't think it's traded as far as I can tell, it looks like it's dormant to prevent anyone else incorporating it, it was incorporated in 1997.

Yes, crossover in product or service type.

Have a look at the Directors, and check if the dormant company is an element of a larger one / a back up for anything else.

Thank you.

Just had a closer look at Companies house and there is another company which is currently trading the same products, it has the same directors as the dormant company....bugger, thats that then!

You could register as a company with a similar name though.

Company Name (South East) Ltd or Company Name (Teddy1970) Limited or even Teddy1970 Ltd for example. Then just trade under whatever name you like, because "Company Name (Teddy1970) Limited trading as xxxxxxx" is very common.

Thank you, I just find it all so confusing, I might have to find another name because I don't want to get sued.