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Selecting a Company Name

This Content Was Last Updated on March 5, 2024 by Jessica Garbett

 

A few things to bear in mind when selecting a name for a company or LLP.

 

Companies House

First, is the name available? – names can be checked at Companies House.  Its worth noting that some names are restricted, eg

It tends to be the similarity to other registered names that causes problems – simply adding “Company” for example doesn’t change a name, so “Wizard Limited” and “The Wizard Company Limited” would be regarded as one and the same.

 

Trading Names

However this similarity issue only applies to the Companies House registration, not to trading names – so If Wizard Limited exists, you could form Potter Limited and trade as Wizard.

There is no longer a central registry of business trading names – for sole traders, companies or partnerships, protection of business names are now a legal matter and enforced through the courts though a doctrine known as “passing off”

Best illustrated with an example:

  • Harold opened “Harolds Garage” – however he used a stylised green font very similar to “Harrods”- the courts considered this to be passing off and prohibited the use of the name.
  • Mr Forte opened a cafe called “Forte’s tea rooms” – TrustHouse Forte (in those days a well known hotel chain) objected, but their objection was not upheld – Mr Forte was not pretending to be THF in anyway, he was just using his name.

The key issue is avoiding causing confusion in the public eye.  Before selecting a name, check online for similarly named businesses especially if the operate in the same geographic or trade sector as your proposed business.

Be aware please of scam companies operating name registry services which are both intended to look official and charge significant fees – ignore these, the are scams.  There is no official UK registry other than Companies House.

 

Domains

When choosing a company name, its always worth checking on the availability of domains as well.