Trading name (Procedure to incorporate)- FS Flashcards
(8 cards)
What is a trading name in the context of company law, and how does it differ from a registered company name?
A trading name is an alternative name that a company may use for commercial purposes, which is different from its registered name. It is not required to be reported to Companies House or included in the IN01 form.
Is a company legally required to notify Companies House of its trading name?
No. There is no legal requirement to inform Companies House of a company’s trading name.
What legal risk arises if a company uses a trading name that is similar to a registered trademark?
The company may face a trademark infringement claim from the owner of the registered trademark, who can request that the infringing name be changed.
Why should new companies conduct a trademark search before choosing a name?
To identify any existing trademarks that could be infringed by the proposed name, thereby reducing the risk of legal disputes.
Can a company face legal consequences for using a name similar to an unregistered trademark?
Yes. The owner of the unregistered mark may bring a passing off claim if the name suggests an association with their brand and misleads the public.
What is the legal principle of “passing off” in relation to company names?
Passing off occurs when a company misrepresents itself as being associated with another business, causing damage to the goodwill of that business.
What is the main risk for a company that adopts a name too similar to an established brand?
The risk is that it may wrongly benefit from the reputation or goodwill of the existing brand, leading to infringement or passing off claims.
What should companies consult in order to reduce the risk of name-related legal disputes?
They should use the Intellectual Property Office’s trademark register and perform a thorough trademark search before finalising a company or trading name
