Q: I have traded under the same name for my plumbing business since 1999. Now someone with the same name has started up and is advertising his services. Is it ok for him to do this or should I consult a solicitor? I’m not a limited company and we live within five miles of each other.
Apr 29 2010
Answered by: Ashley de Safrin Ask a question
Your business name is the most basic intellectual property asset you have. It could also be the most important. Your business' reputation is tied up with its name so you don't want somebody else trading on it.
If the name of your business is distinctive to the goods and services you provide, you may be able to take legal action against anyone using it in the same or a similar field.
As you are not a limited company you may not have trademarked your name. This could therefore limit the protection you have. However, if your business name is distinctive to the goods and services you provide, you may be able to take some legal action.
This area can be a tricky one and I therefore advise you to take more detailed legal advice.
For more information visit the Business Link website.
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