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The_DADDY
12-06-2008, 12:15 PM
Im making plans to get my own business started and have what i think is a really good name for it which i want to copyright/protect.
Has anyone ever done this and if so is it easy to do?
Thanks:):):)

Alex C.
12-06-2008, 01:32 PM
to protect it you just need to use it. you can't copyright names - you can trademark them - this will involve lots of costs you are setting up as a limited company, companies house won't allow anyone else to use a name they feel is a copy of yours.

The_DADDY
12-06-2008, 01:52 PM
to protect it you just need to use it. you can't copyright names - you can trademark them - this will involve lots of costs you are setting up as a limited company, companies house won't allow anyone else to use a name they feel is a copy of yours.

Thanks for that Alex, very helpful:thumbsup:

wibbles
12-06-2008, 02:18 PM
Just register it with companies house for about £30 then no-one else can use the exact same name...that's if it hasn't been taken already

Don't forget though thay you will have to use the company in some form or register it as dormant in any case you'll still have accounts to file at some stage.

andco
12-06-2008, 02:44 PM
and the cost of filing annual returns with a complete set of accounts even if you havent been turning over income/expenditure

ukstudent
12-06-2008, 02:53 PM
For free business advice go to SENTA in Sheffield - they will give you lots of help with things like this

Good luck - can I ask if your business is anything to do with making cakes? :)

The_DADDY
12-06-2008, 03:10 PM
Thanks for all the advice..
No Ukstudent its for doggie homes and possibly other animal homes.
May come to nothing but im giving it some serious thought as i could be onto a winner.

Alex C.
12-06-2008, 07:10 PM
also, to help with protection, make sure you register the domains (.co.uk & .com) that correspond to your name.

espadrille
12-06-2008, 11:21 PM
Thanks for reminding me.I need to do that

cosywolf
13-06-2008, 12:34 AM
At work we recently received an interesting bit of post from a very well known and influential Sheffield institution that pretty much stated that as they had either trademarked or copyrighted the name of their organisation, the Sheffield ****** *******, we needed by law to inform them why we feel we have a right to have Sheffield in the name of our organisation. If we couldn't prove we had a good reason to be called the Sheffield whatever, we would have to give up the name because they have prior rights to the use of Sheffield in a company name.

I wonder how many other Sheffield based organisations received this letter? I thought it a mite cheeky...can you really trademark Sheffield?

How will the Sheffield Forum fare? :o:o

DIVA
13-06-2008, 12:39 AM
You used to be able to do an online search to see if the name was taken. It's amazing how many names are taken, many of which are not used, but seem to be on hold. Like Alex C. says, it's better if you can get the .com and/or .co.uk domains to go with it too but not absolutely necessary.

Heyesey
13-06-2008, 01:40 AM
I thought it a mite cheeky...can you really trademark Sheffield?


No.

You can trademark a name which includes "Sheffield" as part of it, but no judge in the land would take their side. Sheffield is a place name, and as such is in the public domain.

Alex C.
13-06-2008, 07:46 AM
You used to be able to do an online search to see if the name was taken. It's amazing how many names are taken, many of which are not used, but seem to be on hold. Like Alex C. says, it's better if you can get the .com and/or .co.uk domains to go with it too but not absolutely necessary.

To check with companies house, have a look on webcheck (http://wck2.companieshouse.gov.uk/)

To check for trademarks, check with the patent office (http://www.ipo.gov.uk/tm/t-find/t-find-text/)

Also, just because it looks OK, doesn't mean there couldn't later be a problem - see the example of easy.com (http://www.theregister.co.uk/2006/03/15/easygroup_wins_trademark_case/) being claimed by easygroup... However, 99% of the time, you should be fine if you just pick a name which doesn't show anything when you search for it on google and webcheck...

Cyclone
13-06-2008, 08:28 AM
At work we recently received an interesting bit of post from a very well known and influential Sheffield institution that pretty much stated that as they had either trademarked or copyrighted the name of their organisation, the Sheffield ****** *******, we needed by law to inform them why we feel we have a right to have Sheffield in the name of our organisation. If we couldn't prove we had a good reason to be called the Sheffield whatever, we would have to give up the name because they have prior rights to the use of Sheffield in a company name.

I wonder how many other Sheffield based organisations received this letter? I thought it a mite cheeky...can you really trademark Sheffield?

How will the Sheffield Forum fare? :o:o

No they can't. They're just being stupid. Ignore them and they'll go away.

Alex C.
13-06-2008, 08:46 AM
Actually, Sheffield is a restricted name. From Companies House (http://www.companieshouse.gov.uk/about/gbhtml/gbf2.shtml#three)Sheffield - if you wish to use a name that includes the word 'Sheffield', we will need to establish details of the company's location and its business activities. We will also consult the Company of Cutlers in Hallamshire.Presumably this is for protection of the Sheffield Steel brand. If (as I suspect), It's the Company of Cutlers which has approached you, they do have rights over the name - trademark of "Sheffield" (http://www.ipo.gov.uk/tm/t-find/t-find-number?detailsrequested=C&trademark=406204) - and if it is them, just reply stating you are based in Sheffield, and they should be fine with it. I presume that their main job is to stop companies outside of Sheffield trying to imply that they are connected to Sheffield (for steel)

cosywolf
13-06-2008, 10:59 AM
Actually, Sheffield is a restricted name. From Companies House (http://www.companieshouse.gov.uk/about/gbhtml/gbf2.shtml#three)Presumably this is for protection of the Sheffield Steel brand. If (as I suspect), It's the Company of Cutlers which has approached you, they do have rights over the name - trademark of "Sheffield" (http://www.ipo.gov.uk/tm/t-find/t-find-number?detailsrequested=C&trademark=406204) - and if it is them, just reply stating you are based in Sheffield, and they should be fine with it. I presume that their main job is to stop companies outside of Sheffield trying to imply that they are connected to Sheffield (for steel)

That makes sense, now you remind me there's an issue with companies using the Sheffield name on cutlery/steel products made elsewhere - cheeky thing is, though, we're blatantly and not even remotely attached to the steel industry. And we are clearly based in Sheffield - they sent the letter to us, they should know.

Fair enough, absolutely fair enough that they protect the name and reputation of Sheffield steel, but to start sending out these letters to all and sundry based in Sheffield with Sheffield in their name is a bit much, lol. Nor did it explain why, which would have resulted in somewhat less of a negative response towards what should be and continue to be a respected Sheffield institution.

Cyclone
13-06-2008, 05:43 PM
Actually, Sheffield is a restricted name. From Companies House (http://www.companieshouse.gov.uk/about/gbhtml/gbf2.shtml#three)Presumably this is for protection of the Sheffield Steel brand. If (as I suspect), It's the Company of Cutlers which has approached you, they do have rights over the name - trademark of "Sheffield" (http://www.ipo.gov.uk/tm/t-find/t-find-number?detailsrequested=C&trademark=406204) - and if it is them, just reply stating you are based in Sheffield, and they should be fine with it. I presume that their main job is to stop companies outside of Sheffield trying to imply that they are connected to Sheffield (for steel)

That doesn't mean that your company has to be based in Sheffield. They'll consult the name and activities. If your company has no link to steel or cutlery or any other industry where Sheffield means something special, then there will be no restriction.
It's not trademarked though, which was what cosywolf asked about.

Cyclone
13-06-2008, 05:44 PM
That makes sense, now you remind me there's an issue with companies using the Sheffield name on cutlery/steel products made elsewhere - cheeky thing is, though, we're blatantly and not even remotely attached to the steel industry. And we are clearly based in Sheffield - they sent the letter to us, they should know.

Fair enough, absolutely fair enough that they protect the name and reputation of Sheffield steel, but to start sending out these letters to all and sundry based in Sheffield with Sheffield in their name is a bit much, lol. Nor did it explain why, which would have resulted in somewhat less of a negative response towards what should be and continue to be a respected Sheffield institution.

Presumably it was a sheffield address to which they sent the letter as well.
A waste of the cost of a stamp I'd say.

Alex C.
13-06-2008, 07:09 PM
but they're asking for clarification - the companies house webpage says any name registered with Sheffield in it will be approved only after consultation with the Company of Cutlers.

It's quite easy to get a virtual office in Sheffield for mail forwarding. I'd say its protection gone a bit too far, but from all the evidence, it looks like they maintain a register of all names with Sheffield in them.

Cyclone
14-06-2008, 01:21 AM
It says that they will consult with, not that they will only approve afterwards, as is evident from the fact that cosywolf's company already exists.

The entire register of companies is available to anyone willing to pay, I'd suggest that the association in question is regularly requesting that list and vetting it for new names with Sheffield in them, then blindly firing off threatening and possibly misleading letters.

Pete1024
15-06-2008, 10:10 PM
To answer the original question, a local firm, Fixed Fee IP (part of atkinson and company) do very good value trademarking services.

INDIZINE
16-06-2008, 10:15 PM
Fixed Fee IP charge £450 to trademark your name assuming the search is ok to proceed.

Doing it yourself direct through the IPO website costs £200 + vat to trademark one name including one category. £50 + vat for each for more categories. You can download a PDF copy of the application form to see what questions you have to answer when you apply.

Registering company names at companies house has nothing to do with trademarking a name. Registering a domain likewise does not constitute ownership of a name.

Various things need to be considered. Happy to advise the OP further via a PM.

Pete1024
17-06-2008, 12:34 AM
Hi,

I think FFIP have changed their pricing since then, my last TM cost £40+ IPO fees as discribed.

INDIZINE
17-06-2008, 03:55 PM
I checked their website the other day for a client and it says £450 to do the registration but I seem to think its was £60 for a search only but that was last year when they quoted me.

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