Registering a business

[boderectium]

I was about to set up a website for my photography business only to find that another photographer has recently registered the same name in a business register.

Can we both have the same name, is it legal?

How can get back my name?

[whiskeysheri]

I don't think so. Visit Companies House website, they might be able to tall you more. I think it also depends on whether you're a limited company or trading as. You could make a slight variation on the name? x

[nickmo]

A 'busness register' is not the same as registering the business name for a ltd company with Companies house See info at : http://www.companieshouse.gov.uk/ for all details.

Be careful though as if the other co. has been trading they will claim infringement on the goodwill of their name if you take it a use it as well.

I suggest you wouldn't want their name now anyway - why have the same as another company - although it is frustrating if you had an original idea to trade with a title that reflects what you do.

If you really want to pursue it, your local friendly IP (intelligence protection, advising specifically on copyright, trademark and bus. facilities) lawyer will advise - local enterprise or business gateway type facilities should get a free consultation for you or expect �180 an hour if your solicitor can recommend one - but the advice will be the best investment to protect your trading business.

[boderectium]

I'm having difficulties with a new name, even my old name is used by another photographer.

[R>Sole]

I do not see how anyone can give a sensible answer to this. You talk about "setting up a website", does this mean that you do have an existing business? and want to use the same name or is it a new business?. Another has registered name in a "business register" is this "register" one of the many fraudsters around as you no longer need to register a business name. Others here have made reference to Companies House but they would not be interested in a business name only, they deal with limited companies. Do you know if the other business actually exists? so far as an internet name goes, many names are registered for the web simply to try and sell it to the legitimate firm. My company name was already web-registered as a .com, and on making enquiries out of curiosity I was told I could have it for $3,000. so I simply stuck to .co.uk

[boderectium]

@R>Sole
At present I work from home. I send out receipts with a business name that I've been using for a while. At the moment the "business" is very low key.

I plan to take things more seriously when I move to England shortly and intend to establish myself placing adverts in the yellow pages and selling images on a website that I'm about to build and maybe rent premises.

A photographer in Leeds has recently set up a business from home. His trading name appears in a few searches I've made.

http://www.anewbusiness.co.uk/business_names/

and he also advertises in www.yell.com

Are we permitted to use the same name and can he take me to court?