Someone's using a name similar to yours. Can you sue? UK courts use a 3-part test to determine infringement, and 60% of cases fail on part 2. Here's what you need before sending legal threats.
Part 1: Valid Trademark
Your mark must be registered or have common law rights. No protection = no case.
Part 2: Likelihood of Confusion
Would average consumer confuse the two? Same industry, similar appearance, phonetic similarity all factor in.
Confusion Evidence
Misdirected calls, customer testimonials, survey data. Document everything before filing.
Part 3: Use in Commerce
They must be actually trading under the name. Registered but unused = no infringement.
Defenses They Can Raise
Prior use, different industry, geographic separation, purely descriptive use.
Before You Sue
Cease and desist letter (£500-1,500). Most cases settle here. Litigation costs £30,000-100,000.
Warning: Groundless threats of infringement are illegal in UK. Sue without valid case and you face counter-claims for business damage.
Generic Names Can't Be Trademarked
If you want legal protection and a name competitors can't copy, make it distinctive from day one. Generic names have zero infringement protection.