company name vs trading name registration

bobbyh_2

Hi,

If you want to register as self-employed as "donkey riding services" but found out that someone 120 miles away from you has already registered "donkey riding services ltd" in 2009 because they could not get "horse riding services ltd", could I still register "donkey riding services" as my self-employed business name? Or would that limited company complain, for whatever reason(s)?

In this scenario, they do not really do donkey riding but just registered the name. They really do horse riding. So does the fact that the two businesses (their business and my wannabe business) are different, even with same names bar LTD, count for anything?

Regards

BobbyH

SarEl

bobbyh wrote: »

Hi,

If you want to register as self-employed as "donkey riding services" but found out that someone 120 miles away from you has already registered "donkey riding services ltd" in 2009 because they could not get "horse riding services ltd", could I still register "donkey riding services" as my self-employed business name? Or would that limited company complain, for whatever reason(s)?

In this scenario, they do not really do donkey riding but just registered the name. They really do horse riding. So does the fact that the two businesses (their business and my wannabe business) are different, even with same names bar LTD, count for anything?

Regards

BobbyH

In simple terms - you will have to pick another name! All registered companies are Ltd - some just have the right to leave off the Ltd. (usually charities). But you can't have the same name - so you have to pick another one.

anamenottaken

Is your business activity the same as the limited company's business?
Do they work in your area?
Is the name you want to use actually a description of what you do?
Could you trade as "bobby hargreaves - donkey riding services"?

SarEl

anamenottaken wrote: »

Is your business activity the same as the limited company's business? Not relevant - company registration covers the UK and no two companies can trade under the same name.
Do they work in your area? Ditto
Is the name you want to use actually a description of what you do?
Could you trade as "bobby hargreaves - donkey riding services"?Yes, providing nobody else has that name[/QUOTE]

Company names are very important - it simply isn't possible to have two companies ofthe same name!

bobbyh_2

Okay, got a workaround. Basically, I have found (chosen) a business name that is NOT registered as a limited company.

Question:

Let's assume I am running that self-employed business name (i.e. Riders And Horses) from January 1st 2011 onwards and then later (i.e. Mid-Late 2011) someone becomes spiteful or accidently (without knowing of my self-employed business name) says to themselves "I am going to register Riders And Horses as a limited company....no one has registered it yet", which they do.

Could I still trade as Riders And Horses or could they complain about me using their name! In other words, could I state to whoever that I have legally registered that name with HMRC as a self-employed person or does it not work that way?

Regards

BobbyH

MrRedundant

SarEl are you possibly misreading this? I am not aware that a sole trader cannot trade as the same name as a Ltd company. It wouldnt necessarily be bright and if it was found to have illigetimate reasons or causing problems/confusion would have legal recourses but I can't see any reason why the OP as a sole trader/self employed cannot use the same name as a Ltd company.

OP could you possibly use Bobby H T/A ????

bobbyh_2

My question now, now that I have found an alternative business name, is whether or not someone can use that business name in the future as a limited company?...even though I have registered it with HMRC as a sole trader business name.

BobbyH

bap98189

Whoever registers the company name first with Companies House will have the rights to the name. If someone else registers it deliberately to pass themselves off as another, existing, company, then, yes, the initial trader would have a legal argument, but the reality is nothing will happen as it would cost a fortune to go through the required legal process.

Owain_Moneysaver

bobbyh wrote: »

Let's assume I am running that self-employed business name (i.e. Riders And Horses) from January 1st 2011 onwards and then later (i.e. Mid-Late 2011) someone becomes spiteful or accidently (without knowing of my self-employed business name) says to themselves "I am going to register Riders And Horses as a limited company....no one has registered it yet", which they do.

To prevent this happening you could register Riders and Horses Limited as a dormant company, it wouldn't trade but it would stop anyone else registering it.

anamenottaken

Owain_Moneysaver wrote: »

To prevent this happening you could register Riders and Horses Limited as a dormant company, it wouldn't trade but it would stop anyone else registering it.

It would just cost the initial set-up costs and then annual fees with Companies House.

anamenottaken

SarEl wrote: »

anamenottaken wrote: »

Is your business activity the same as the limited company's business? Not relevant - company registration covers the UK and no two companies can trade under the same name.
Do they work in your area? Ditto
Is the name you want to use actually a description of what you do?
Could you trade as "bobby hargreaves - donkey riding services"?Yes, providing nobody else has that name[/QUOTE]

Company names are very important - it simply isn't possible to have two companies ofthe same name!

I do know that. The OP wasn't asking about operating as a company and I wasn't suggesting that there could be two companies with the same name. One would be a company and the other a sole trader.

Whether the limited company was operating in the same geographic area and actually in the same line of business is relevant.

(I know the OP has moved on with his query.)