Business Name Protection
Posted on 25th August 2021 at 11:20
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Why Register Your Business Name?
Registering a business name is an important step when setting up your business. Choosing the perfect name can be daunting, so we are here to help you through the process. Our service is ideal for sole traders, partnerships and limited companies looking to check and protect their trading name.
Benefits of registering your business name -
Ensure your business name is unique, does not copy an existing business or entity, and meets all statutory legal requirements.
Protect one of your most important assets, your business name, from the malpractice of passing-off, in which competitors copy or use your business name.
Make the most of social media by protecting your online reputation and handles.
A guarantee that we will initiate and cover your legal fees if action needs to be taken.
Receive information on any relevant updates in legislation.
Become part of our business community and connect with likeminded business owners.
Access to resources and advice that will enable you to save time and money.
Here at the National Business Register we are passionate about supporting businesses and helping you realise your dream of being your own boss.
What are the Costs of Business Names Protection?
Becoming a member of the National Business Register costs an annual membership fee of £82.50 (plus VAT) and includes initial name searches, a display certificate, protection against ‘Passing Off’, obtaining formal statutory permission if needed and expert advice from NBR.
We understand that setting up your own business can seem over whelming at times, our expert team has nearly 40 years' experience and are here to help you every step of the way. If you have any questions about our services, or just need a little advice at whatever stage of your business journey you are, please get in touch.
How we Protect Your Business Name
We will protect your trading name against copying by another business, company or brand. This copying is called "passing off"; legal costs, court fees, solicitors and counsel fees are paid by us, for further information please refer to the T&C’s.
What is ‘Passing Off’?
The law of passing off stands to protect a trader's goodwill and business against copying, (Passing Off). In order for a passing off action to succeed, you will need to substantiate the following matters:
A misrepresentation made by another, with respect to the business name, in the course of that particular trade.
The misrepresentation is made to the principal customers or prospective customers.
The misrepresentation does cause damage to the principal business or goodwill of which the business name has developed.
Although these elements may be present in an incident that constitutes 'Passing Off' it is important that you make us aware as soon as possible so we can act quickly. This gives us the best chance of the claim being successful.
How to make a 'Passing Off' claim with NBR
We appreciate each situation is unique and may require slightly different information depending on the nature of the claim. Our team will be here every step of the way to ensure you are fully informed and take the hassle out of the process so you can get on with the running of your business.
We will ask you to fill out a ‘Passing Off’ complaint form with as much information as possible. The more information we have, the quicker we can start your claim. Our form can be found here 'Passing Off' complaint form (pdf format - 327KB) .
Now we get to work! If there is any missing information we require to proceed with your particular claim, a member of our team will be in touch to advise.
We will then issue a letter of notice to the alleged offending party stating that they are 'Passing Off' an established business name. This letter will also include useful information for them and next steps on how they should proceed going forward.
If, after this letter has been received, the other party are looking to contend the ‘Passing Off’ action, we will enter a dialogue with them and/or their solicitors. We will start to build a case demonstrating their infringement and work closely with them to resolve the issue at this stage.
Once the above options have been exhausted and it is evident that the 'Passing Off' action cannot be progressed without resorting to litigation, we will take your case to the external Legal Counsel. All your potential legal costs, court fees, solicitors and Counsel fees are paid by us.
Since 1984 we have successfully prevented thousands of organisations from copying a registered member's business name.
We can boast a highly professional legal team who are specialists in their field. Our business exists to protect members’ trading names and for a small annual fee you have access to, and support from internal and external specialists who will endeavour to resolve your problem without any additional legal fees to you.
Since 1984, the company has spent in excess of £75,000 on individual cases and has paid over £1 million in legal fees and expenditure in protecting our members' interests.
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Tagged as: Business compliance, Business name protection, Company formations, Intellectual property, IP, Name copying, National business register, NBR claim process, NBR services, Passing off, Sole trader, start up
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