What To Do If Another Business Is Using Your Name: A Guide for UK Traders

HeadingUnderstanding Your Rights

If you haven’t taken formal steps to register or protect your business name, you may still have rights under the long-standing common law rule known as passing off.

If you have registered your name, whether through a trademark or at Companies House as a limited company or LLP, you’ll have additional, more robust routes to challenge another party. But even without registration, you’re not without protection.

HeadingPassing Off: Your Automatic Protection

Passing off is the legal principle that stops someone else trading as if they were you. It protects the reputation, identity, and goodwill you’ve built by preventing others from misleading customers into thinking their goods or services are yours.

It’s important to note:

Only businesses can bring a passing off action- not consumers. It applies only when the other party is also trading commercially. In short, passing off acts as a safeguard against unfair competition and helps ensure customers aren’t confused or deceived about who they’re buying from.

With NBR’s Business Name Protection, up to £10,000 of these legal fees will be covered, giving you an extra layer of security.

HeadingWhat Remedies Are Available?

If you successfully prove passing off, several legal remedies may be available, including:

• Forcing the other business to hand over or destroy infringing materials
• Requiring them to remove the offending name or mark from their branding
• Obtaining a court order preventing ongoing use of the name
• Receiving financial compensation for the damage caused

HeadingAre There Any Defences?

Yes, one common defence is when a person is using their own legal name in business. However, this doesn’t give them free rein. If they combine their name with other branding that is likely to mislead the public or suggests deliberate imitation, the defence may fail.

HeadingProtecting Your Business Name Proactively

While passing off offers a valuable safety net, formal protection is always stronger. Registering your business name as a trademark or protecting your Business Name with NBR’s Business Name Protection, easier enforcement rights and helps prevent problems before they start.

If you’d like help securing your business name or resolving a dispute, National Business Register is here to support you every step of the way, contact us today at info@nbrg.co.uk, or 0800 069 9090.