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kevinc

one for the legal boffins
« on: September 30, 2009, 08:48:03 pm »
hi,for the last year both me and the wife have built up quite a good round where we live(really hard work and effort as we all know)the problem is the    name,at first we called ourselves windowcare(this name is a part of the solaglass/st gobain glass group)i'm keen to get away from this as you can imagine----so as custies kept asking us if we are local we decided on wetherby windowcare,fair do's i thought-except the local glazier has told me he "owns"all of the names connected with wetherby and windows ie wetherby windows,windows of wetherby etc etc you can see where it is going,to add to it all i used to work for him and was his foreman before i left so there is a bit of bitterness on his part as he is'nt doing so well now.
what i'd like to know is---how can i find out if he has registered wetherby windowcare?i know he'll try to sue me can you buy names as such? your thoughts on this please many thanks kevin

s.hughes

Re: one for the legal boffins
« Reply #1 on: September 30, 2009, 08:54:01 pm »
From what I was told you can call yourself what you like as long as your no VAT registared. My campany is Diamond Cleaning services and there are others with the same name. I cant do anything about it. Look how many squeeky cleans there are

Pureandclean

  • Posts: 355
Re: one for the legal boffins
« Reply #2 on: September 30, 2009, 08:54:19 pm »
check companies house in London.
If there is no copyright mark on his adverts unlikely he has.
Do a search for domain names similar to them and see if they are still available.

AuRavelling79

  • Posts: 25125
Re: one for the legal boffins
« Reply #3 on: September 30, 2009, 08:54:48 pm »
Ask a solicitor .... but sounds like he's blowin' smoke to me. He'd also have to demonstrate a financial loss to claim against you I reckon. How are you "damaging" his business?
It's a game of three halves!

crouch_400

  • Posts: 63
Re: one for the legal boffins
« Reply #4 on: September 30, 2009, 08:55:01 pm »
hi register a business name on a site like this with free name check

http://www.uk-plc.net/companyformation/search/search.aspx?ProductID=&ResellerID=125114&SearchTerm=wetherby+windowcare+Limited&submit=check+availability

wetherby windowcare wasnt taken ?

hope this helps

bobplum

  • Posts: 5602
Re: one for the legal boffins
« Reply #5 on: September 30, 2009, 09:05:14 pm »
you can always add something in brackets
ie wetherby windows(cleaning)
i doubt he owns anything and so long as its different he can t do anything
thats why some companies go bust on the friday and start on the monday with a slightly different name
bob

kevinc

Re: one for the legal boffins
« Reply #6 on: September 30, 2009, 09:07:54 pm »
crouch thanks alot mate i'll be looking at that later,re: earlier replies i "can" damage his buissiness by not only window cleaning,but by re-glazing work and remedial work to doors and windows also conservatories which we advertise on our vans

daz1977

Re: one for the legal boffins
« Reply #7 on: September 30, 2009, 09:10:25 pm »
buy the name from company house  ie weatherby windows ltd  for abotu 50 quid, on a next day thing,   u can call your self what you like till some one buys the  name, then it gets tricky,  company house will tell you if you can use the name or not,  just because you but a ltd company  you dont have to use it  just file returns every year as not trading, but you own the name and can stop people using

this happened to chris evans and nike years ago,   chris said that he was going to call his company ginger media and before he registered it someone else did and he had to buy the name of him as he told every one that he was called that  it also happened to nike in spain, two blokes reg the nike name and company and when nike when to spain then had to buy the name for 12 million pounds at the time,   who owns the name has the power lol

if you cant use weatherby windows,  see if you can use weatherby window cleaners,  as this is a way around it

kevinc

Re: one for the legal boffins
« Reply #8 on: September 30, 2009, 09:20:26 pm »
just had a peek at the website crouch suggested-seems he has bought a few dormant companies to stop other people trading using similar names-shame on you!i do know that the name wetherby window cleaners exist(although they live around seven miles away)are there any downfalls to buying a ltd company?

daz1977

Re: one for the legal boffins
« Reply #9 on: September 30, 2009, 09:26:52 pm »
u have to do returns for the company, good accountant will do that for you,  if you buy the ltd name, u can stop the other window company working,  or jsut change ur name slightly  to windows cleaners of weatherby ltd  it all legal and above board

R W C

Re: one for the legal boffins
« Reply #10 on: September 30, 2009, 09:29:35 pm »
weatherby vision technicians  ;D ;D

Re: one for the legal boffins
« Reply #11 on: September 30, 2009, 09:43:49 pm »
Where I live, theres me oakleywindowcleaning.co.uk (a window cleaner) theres also oakleywindowcleaning.com (another window cleaner) and oakleywindows.co.uk (double glaziers).

We have fun together all of us  ;D

Re: one for the legal boffins
« Reply #12 on: September 30, 2009, 09:55:27 pm »
whetherby window cleaning should be fine as its a different industry from a glaziers. Another glazier cant start up a business called whethby windows or something extremely similar e.g. whetherby window, but a different industry supplying a very different service can use it if they like. The guy is probably just spouting of, just make sure you do your homework, if he is a limited company see what you can find on that, or see if he has registered it as a trad mark.

kevinc

Re: one for the legal boffins
« Reply #13 on: September 30, 2009, 10:08:52 pm »
hi he is limited,and as far as i know owns wetherby glass,wetherby windows and maybe a few more names connected to this,i have to do this right as i know he'll try to go for me legally(he's still bitter that i left his empoly over seven years ago-made him alot of money)could i just register the name(or something similar)provided its not taken and leave it at that?do i have to go ltd?many thanks kevin

daz1977

Re: one for the legal boffins
« Reply #14 on: September 30, 2009, 10:21:03 pm »
u have to go ltd, to register a name so no one can use it,  u can call your self what you lie with out a ltd at the end, jsut problems if someone owns the name

bobby p

Re: one for the legal boffins
« Reply #15 on: September 30, 2009, 10:23:02 pm »
IFYOU GO on the vistaprint website you can easily see if  awebsite name is already registered by trying to  register and itll only allow it  if itsavailable

Re: one for the legal boffins
« Reply #16 on: September 30, 2009, 10:43:40 pm »
IFYOU GO on the vistaprint website you can easily see if  awebsite name is already registered by trying to  register and itll only allow it  if itsavailable

Or just type the address into your browser address bar and see if a website appears. Ta Daa!!

GWCS

Re: one for the legal boffins
« Reply #17 on: September 30, 2009, 10:50:17 pm »
why would you want to know if a website name is being used, the topic is about real company names being used and available to use legally  ::)

♠Winp®oClean♠

  • Posts: 4085
Re: one for the legal boffins
« Reply #18 on: September 30, 2009, 11:31:01 pm »
Here, have mine-     Weatherby-Winp®oClean ;)

kyle austin

  • Posts: 9
Re: one for the legal boffins
« Reply #19 on: September 30, 2009, 11:32:12 pm »
go to this site   http://www.duport.co.uk/company-formation/sole_traders.php

reg name as a sole trader but they will reserve it with companies house so no other can use it as a ltd co.

details below (this is what i have done with one of mine to protect the mane.)


sole traders
£69.00 including government fees and delivery



  
OR call 0117 330 8910

summary
Standing out as an independent trader.

You can get the best of both worlds with Duport's sole trader package. This grants you the freedom and simplicity of being a sole trader as well as the protection of being registered with Companies House - and we'll include a host of free products and services as well as helpful advice and information too!

There are millions of sole traders that are not registered with Companies House choosing not to make use of limited liability status. For many this is the most economical way to run a business. Today you have more choice.

With our sole trader package you can access a range of benefits by registering as a non trading company at Companies House as well as registering your trading company at HMRC. This will:

•guarantee the name will be available if you need limited status at a later date
•prevent someone using your name as a LTD company and confusing your customers
•make your details present on Companies House, which provides credibility, helps to build client confidence and makes it easy to locate you.
Maintaining a non trading limited company is very easy and straightforward, and well worth considering for any sole trader.

Duport's sole trader package registers your company as a dormant ltd company at Companies House and shows you how easy it is to maintain non trading paperwork. As well as providing you with valuable advice and information, your sole trader package also includes free products and services to get your company up and running.
process time
Formation is often completed within 4 hours. Timing is subject to Companies House systems availability. In 90% of cases your company registration is complete within 24 hours (excluding weekends).
what you get
Click on any item to get more information

•a guide to running a sole trader business
•a guide to maintaining a non trading limited company
•HMRC forms to register your sole trader business
•dormant ltd company formed with the name of your choice
•official certificate of incorporation
•£50 company & director credit reporting
•free business telephone number (0870 or 0800)
•company share certificates
•free telephone support
•free marketing advice
•free insurance advice
•free trademark advice
•12 months free business banking with HSBC
•250 business cards
•free accountancy consultation
•free business telephone number
•free fax to email number