Another business now using my name!!!!

Clarel26

anamenottaken wrote: »

Off topic but "Nappy cakes" sounds a disgusting idea to me.

(I know what they are but when I first saw the phrase a year or so ago I had to look at pictures to understand that they were ways of, for instance, presenting gifts of baby items for new mothers.)

I must admit you are not alone there, a couple of the people who have asked me what I do have looked horrified when I tell them I make nappy cakes. Having said that, when I explain what it is they seem very impressed...all apart from my husband that is who just does not get the attraction.

WPN

Well, this is a tricky situation.

In future forget facebook (its good tool for marketing though) make sure you are in Google. Registered trademarks can be expensive to purchase and they take a while. Registering a limited company under your business name (even if you aren't trading under the company) is a good way to go although technically in both these examples...

1) A registered trademark doesn't imply a right to a word, phrase etc. and its overlooked that holding a registered trademark isn't enough you have to also TRADE for it to remain enforceable (yeah simple stuff "trademark" and all)

2) You can register a limited company under your business name, but if someone sets up their business 3 months later under the same name (minus Ltd extension obviously) as a soletrader and you only start 6 months after incorporation (i.e. 3 months after them) they have the upper hand.

I recommend anyone doing this sort of thing on a budget to target ways to get your name in Google ASAP. The best way is to set up a blog (even if you do a little promotional text explaining all you are about and never update it) at somewhere like wordpress or blogspot - exchange a few links you will soon be added into Google (of course, depending on the keyword.

Register a domain name - doesn't matter if you have a website or not - .co.uk are priced around £7 for 2 years small price to pay. Most registrars will allow you to forward the domain to your blog anyway. Also, consider setting up an ebay account (etc.) under the name - even if your business isn't directly selling anything via ebay you could sell other items via that account. Set up a facebook, twitter etc.

This all decreases the likelihood of someone stealing your name by accident (or deliberately) they cannot possibly claim they didn't know of your existence. I have to say its an awful battle in the courts but will certainly help your case if you had ever had to come to that. You will be surprised how many of those people would steal your website design too.

Loopgames

Registering a trademark is not expensive at all. It is a simple form and costs min. £200 the last time I did it which was less than 2 years ago. I think I've done 3 now.

You should look into it then you would own the name...check www.ipo.gov.uk for the trademark and see if it's registered. Googling is one way but the ipo is THE way.

WPN

Loopgames wrote: »

Registering a trademark is not expensive at all. It is a simple form and costs min. £200 the last time I did it which was less than 2 years ago. I think I've done 3 now.

You should look into it then you would own the name...check www.ipo.gov.uk for the trademark and see if it's registered. Googling is one way but the ipo is THE way.

It is £200 + £50 each additional class - lasts for 10 years. It is relatively cheap, however, could be a big chunk for a small start up business - depending on how deep her pockets are lol or more to the point how much she wants to invest initially, as it isn't always viable to dispose of all your savings etc. straight into a business.