Jeremy Clarkson has been centre page news for the last few weeks but one thing that hasn’t really been reported is how well the Top Gear team built an international brand. Branding is one of the keys to business success. Here are a few legal tips on building a brand.
Many people setting up a business generally want to use the same limited company name, trading/ brand name and also domain name. It is therefore important at the outset of ensure that these names are available.
To find out whether the company name is available you can contact Companies House by phone and ask the question directly or alternatively you can do an online search of the Companies House Register.
You can also find out whether the domain name is available by contacting the relevant domain name registrar or alternatively you can do an online search for domain name registrations.
In order to see whether your trading/ brand name is available you should first of all do an online search to see whether the name appears in any search results. If it does then it would be advisable to do a bit more investigation to find out who is using the name, where they are based and where they are using the name and also what the name is being used in connection with – is it the supply of goods and/ or services? If they are using a brand similar/ identical to your own and in relation to similar/ identical goods and services in the UK then there might be a risk that you would be passing off.
You should also consider undertaking a registered trade mark search at the Intellectual Property Office. If you go to the trade marks section it is possible to undertake a free online search of the trade marks register. If your search reveals any prior registered similar/ identical trade marks used in relation to similar/ identical goods and services then there is a risk that by using the brand name you could be infringing that party’s registered trade mark and you might consider taking professional advice.
The author, Christian Browne is the Managing Director of Summerfield Browne Solicitors (www.summerfieldbrowne.com) and can be contacted on 01858414284 or alternatively by email on enquiries@summerfieldbrowne.com
