Trading name problem

[L M Briggs]

I have now been trading as a limited company for 12 months, however in order to move the business forward I made a decision to change the company trading name. Over the past 6 months I have had a local marketing company design my new corporate image, along with all necessary printing etc, which has cost a small fortune. As a result I am now trading as Pinks Property, however, I have recently received a telephone call from Pinks Properties at the other end of the country threatening legal action.
As they are not limited or have registered their company name in any way, were do I stand with the similarity in the name? and what is the best way forward?
I would appreciate any advice!

[bwglaw]

Is "Pinks Property" the Registered Company Name or merely a trading name of a Limited Company?

The other business may have a claim for 'passing off' if your services are similar and is likely to cause confusion. First one to register it as a trademark is likely to succeed

[L M Briggs]

Pinks Property is a trading name of a limited company, as this other company has been trading for a couple of years, could this still cause me any problems if I register my company as a trademark first?

[bwglaw]

Originally Posted by L M Briggs

Pinks Property is a trading name of a limited company, as this other company has been trading for a couple of years, could this still cause me any problems if I register my company as a trademark first?

If you get the mark registered first then you will be offered more protection than a later application. If you are going to register the trading name as a mark then do it fast and ask the Moderator to remove this thread entirely. Once your application is in third parties can file an objection for the mark to be registered.

If both Pink Properties and Pink Property are in the property business there risks a claim for passing off.

Act quick is my advice

[L M Briggs]

Alternatively, If I were to change my limited company name to Pinks Property Ltd, would this be a solution?

[bwglaw]

Originally Posted by L M Briggs

Alternatively, If I were to change my limited company name to Pinks Property Ltd, would this be a solution?

No, the problem still remains. My earlier suggestion is the only way.