Name check service Thought of a good name for your new business, or as a brand for a new product or service?
Your first step Check that the name isn't already being used by another business. If it is, you risk a costly row and a trade mark infringement or a ‘passing off’ action in the courts. You can get into trouble even if your name is merely similar to a name already being used.
Here are links so you can carry out some quick initial checks, free of charge, to see if your name (or a name like it) is already registered at an official UK Registry (and, in the case of trade marks, the European Community registry). The checks are quick, easy and completely free, and could save you a lot of money later.
Companies House Check - http://wck2.companieshouse.gov.uk/d26e0738871161c420ebf6dc1cb97e0b/wcframe?name=accessCompanyInfo This will show you if an identical name has been registered as a UK limited company name. If it has, you can click on the company number to see basic details like when it was registered, its official address, whether it’s trading and when it last filed accounts or an annual return. You can also search for similar names - although this is a skilled task, so take advice if you are in any doubt whether your name is available.
Trade Mark Name Checks - for UK-registered marks at http://www.ipo.gov.uk/tm/t-find/t-find-text.htm and for European Community trade marks at http://oami.europa.eu/CTMOnline/RequestManager Check if your name has already been registered as an identical UK trade mark in relation to the sort of goods or services you sell. You can also check to see if your name has been registered as a European Community trade mark. If it has, it is enforceable in the UK, as well as across other EU states. Any similar marks (including phonetically similar names e.g. ‘Photomagic’ and ‘Fotomagik’) that are registered in either registry may also cause problems and ideally you also need to make sure no such similar marks are registered – but detailed checking for similar marks is a highly skilled task. You will need professional help to do this.
Domain Name Check - for .com and related domains at http://www.internic.net/whois.html and for .co.uk and related domains at http://www.nominet.org.uk/ You can click the first or second link to see if your name has been registered as a domain name under either the .com domain or the .co.uk and related domains. (The .co.uk search is in the top right hand corner of the Nominet home page - look for the 'Whois' logo).
A clear check This doesn’t mean your name is available. You need to do more due diligence before you go ahead. But if there is an obvious problem with another business, these checks can flag it up early, while you can still take control of the situation.
What do I do next? Once you’ve carried out your name check, click the relevant links below to help you decide what to do next.
We hope the above information gives you a good start — but when you’re ready to get serious about your name, give Paul Longland a call on 01202 294 566 or email paullongland@steeleraymond.co.uk to discuss the next steps.
