how does it work

[dilf]

if 2 companies are in compatition but have the same name who keeps the name

[Loosehead]

2 companies cannot have the same name.

[Lonnie]

Looseheads right, but occasionally id does happen, in which case a court will probably decide, with the loser losing the name, and a lot of money.

[gammaray]

Check out the companies house web site and look at the lists of companies. you'll notice that there are lots of companies with the same trading names.

[jason1980]

get your name trademarked for 200 pounds on the www.patent.gov.uk website - that'll help legally

[january_bug]

On the companies website you will see that companies will not REGISTER the same name, but may BE KNOWN BY the same name. E.g., "Just Cuts Hairdressing Emporium Limited" and "Just Cuts Hair Cuttery Ltd", may both trade as "Just Cuts".

I suspect that the Q you are really asking is about two BUSINESSES with the same name, as a company cannot register with the same name as a company already registered. If this is the Q you are asking, then the answer is a little more complicated and could involve solicitors and possibly Court.

Essentially, if one of you has trademarked the name, then they will have the right to use it, and that can be legally enforced. If neither of you has one then the Court will basically look to see who has been using the name for longer, and what the volumes of business are like. So, if Company 1 has existed since 1990, but has only really traded since 2000, and Company 2 has existed since 1997 but has actively traded since that time, Company 2 may win. Therefore, whilst trademarking your name is sound advice, if litigation has already started (i.e., if one of you has already complainined to the other) trademarking your name could be overruled by a Judge (NB I don't know that this is the case, I will have to check the Court's powers in these situations and get back to you! Sorry!)

ctd....

[january_bug]

Basically, Intellectual Property Law is a minefield. Your best bet is to consult a specialist solicitor. You may be able to get things sorted in a 1 hour meeting, in which case you're looking at around �120-�200. You may then be advised to spend �200 registering the business as a trademark, but equally you may not.

If you are in the situation where someone has written to you basically saying "oi, you've nicked by business name", then seek legal advice quickly. The longer you leave it the worse, and the more expensive it will get. Commercial litigation can be nipped in the bud fairly cheaply - so panic not! :-)

If this is not your situation - I do apologise for this lengthy answer, but someone may one-day find it useful, so I hope you will forgive me.