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Limited Company Name
Can I choose any name I want for
my company?
Yes, however, several regulations can affect your choice. For example:
- must end in limited or ltd
- must not be offensive
- must not be the same as a name already registered
- must not include sensitive words , without appropriate justification or permission
What does 'the same as' mean?
When deciding whether a name is 'the same as' another name, the Registrar ignores punctuation,
the company's status, 'the' at the start of the name, and words like 'company (or co)', 'and (or &) company (or co)'.
A name that sounds the same as one already on the Company Names Index may be accepted if the two names are spelt differently.
For example, if the name 'Hands Limited' is already registered, then the following would be rejected: - Hands Public Limited
Company (or PLC) - H and S Limited (or Ltd) - H and S Public Limited Company (or PLC) - H & S Limited (or
Ltd) - any of the above, with the addition of 'Company (or Co)' or 'and (or &) Company (or Co)' You should be
aware that if you adopt a name which misleads the public into believing that your business is that of another business - -
then you may face a legal action for 'passing off' by the person whose business you have affected. Registration of a name
by Companies House is no guarantee that you are safe from such an action.
Which names need approval?
Names which need approval are those which include words or expressions set out in statutory regulations
and names which give the impression that the company is connected with HM Government or with a local authority. Full lists
of 'sensitive' words are at Appendices A, B and C on Companies House web site. - If you choose a name that includes any
of the words listed in Appendix A, you will probably be asked to supply supporting information before registration. You should
write, enclosing information in support of your application, to the Secretary of State for Trade and Industry at Companies
House in Cardiff (for English and Welsh companies) or in Edinburgh (for Scottish companies). - If your choice of name
includes any of the words listed in Appendix B, then you will need to write to the 'relevant body' to ask if they have any
objection (and if so, why) to your use of the word or expression in your company name. When you write to the Secretary of
State for Trade and Industry at Companies House, Cardiff or Edinburgh to ask for approval of the name, you must enclose a
copy of any reply you have received from the 'relevant body'. - The use of some words and expressions is covered by other
legislation and their incorrect use in company names might be a criminal offence. Those known to Companies House are listed
at Appendix C. If you wish to include one of these words or expressions in your company name, then you should contact the
relevant regulatory authority, or ask us for advice. - If your chosen name gives the impression that your company is connected
with HM Government or with a local authority, then you will need the written approval of the Secretary of State for Trade
and Industry before the name can be registered. Write to the Secretary of State for Trade and Industry at Companies House,
Cardiff or Edinburgh, as appropriate, giving as much detail as you can to support your application. Such names will normally
only be approved where you can show that a genuine connection exists and where the relevant government body supports the application.
What are sensitive words and expressions
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A Abortion Anzac Architect Assembly Association Assurance Assurance
broker Assurer Authority
B Banc Banca Bancaria Bancaire Bancario Banco Bancomer Bancorp Bancos Bangko Bank Banka Bankas Bankasi Banke Banken Banker Bankhaus Banki Bankiers Banking Bankin'ny Bankirsky Bankos Bankverien Banky Banque Banquier(s) Benevolent Board British Building
Society
C Certified Cenedlaethlol Chamber of commerce Chamber of commerce,
training and enterprise Chamber of industry Chamber of trade Charity Charitable Charter Chartered Chartered
builder Chartered building Chartered surveyor Chemist Chemistry Chiropodist Commonhold Contact lens Co-operative Copyright Council Creditbank Credit
union Cynulliad
D Dental Dental practitioner Dental surgeon Dentist Dentistry Deposit Designright Dietician Discontobank Dispensing
optician District nurse Drug Druggist Duke
E England English Enrolled optician Enterprise agency European
F Federation Foundation Friendly society Fund
G Geneva cross Gennossenschaftsbank Girobank Girozentrale Great
britain Group Gwasanaeth
H Handelsbank Health centre Health service Health visitor Her
majesty His majesty Holding Housing corporation Hypothekenbank |
I Industrial and provident society Institute
Institution Insurance Insurance broker Insurer International Ireland Irish
K Kantonalbank King Kontrolbank Kredietbank
L Laboratory of the government Land charges Landesbank Land registration Land
registry Libya Libyan
M Massraf Medical laboratory technician Midwife Midwifery
N National Nationalbank Nurse Nursing
O Occupational therapist Olympiad Olympiads Olympian Olympians Olympic Olympics Opthalmic
optician Optician Optometrist Orthoptist Overseas trade services
P Pankki Patent Patentee Patent office Pharmaceutical Pharmaceutist Pharmacist Pharmacy Physiotherapist Police Polytechnic Post
office Pregnancy termination Prince Princess Privatbank
Q Queen
R Radiographer Raiffeisenbank Re-assurance Re-assurance broker Re-assurer Red
crescent Red cross Red lion and sun Register Registered Registered optician Re-insurance Re-insurance
broker Re-insurer Remedial gymnast Royal Royale Royalty
S Scotland Scottish Sheffield Society Solicitor (scotland only) Spa(a)rbank Special
school Stock exchange
T Trade union Training and enterprise council Trape(d)za Trust
U United kingdom University
V Vereinsbankvet Veterinary Veterinary surgeon Volksbank
W Wales Welsh Windsor |
The following words imply national or international pre-eminence: British
- approval of this word in your company name will depend on how it is used. Normally the Secretary of State would expect the
company to be British owned. You would need to show that the company is pre-eminent in its field by providing supporting evidence
from an independent source such as a Government department or a trade association. If the word 'British' is qualified by words
that do not describe an activity or product, for example by using a 'made-up' word, then evidence of pre-eminence is not necessarily
essential. But you would be expected to show that your company is substantial in relation to its activity or product and that
it is eminent in its own field. England, English, Scotland, Scottish, Wales, Welsh, Ireland or Irish
- if you wish to use these words as a prefix to your company name, the rules are similar to those for 'British'. You will
usually be given approval to use any of these words as a suffix if you show that the company has its main place of business
in the country concerned. If you want to use one of these words because it is a surname, you will usually be given approval
if the company name includes forenames or initials. European - names which include this word will not
be approved if they unjustifiably imply a connection with official bodies of the European Union. If there is a genuine connection
with an official body, the name may be allowed if the appropriate body supports the application. Great Britain
or United Kingdom - if you wish to use these expressions as a prefix, or to use 'of Great Britain' or 'of the United
Kingdom' as a suffix, then the criteria are the same as for 'British'. If the words are used as a suffix to the name, they
are normally allowed without difficulty. Using the initials 'GB' or 'UK' in your company name does not require approval. International
- if you wish to use this word as a prefix, you need to show that the major part of the company's activities is in trading
overseas. If you wish to use it as a suffix, then approval will usually be given if you can show that the company operates
in two or more overseas countries. National - the criteria for use of this word are the same as for 'British'.
The following words imply business pre-eminence or representative or authoritative status: association,
federation or society - if you wish to use one of these words, your company would normally be limited by guarantee.
Each member should have one vote and the constitution should contain a non-profit distribution clause. This provides that
any profits should be used to further the objects of the company and not be paid to the members as dividends. authority,
board or council institute or institution - approval for use of these words is normally given only to those organisations
which are carrying out research at the highest level or to professional bodies of the highest standing. You will need to show
that there is a need for the proposed institute and that it has appropriate regulations or examination standards. You will
need evidence of support from other representative and independent bodies.
The following words imply specific objects
or functions: assurance, assurer, insurance, insurer, re-assurance, re-assurer, re-insurance or re-insurer benevolent,
foundation or fund - names that include any of these words will be refused if they unjustifiably give the impression
that the company has charitable status. If the company is limited by guarantee and has a non-profit distribution clause in
the memorandum of association, then the name will normally be approved. charter or chartered - names that include these
words will be refused if they unjustifiably give the impression that the company has a Royal Charter. If the words are used
to qualify a profession, Companies House will seek the advice of the appropriate governing body before considering whether
to give approval. charity - to use this word the company must provide a letter of non-objection from the Charity Commission.
If the company is not intended to be a charity, a copy of the proposed memorandum and articles of association along with details
of the company activities and an explanation of why the word is required must be forwarded to the Charity Commission. chemist
or chemistry co-operative - if you wish to use this word, your company's Memorandum and Articles
of Association should follow the rules generally associated with co-operatives in the UK. Friendly Society or
Industrial and Provident Society - Companies House will refer names which include these expressions to the Registrar
of Friendly Societies for advice. group - if use of this word implies several companies under one corporate
ownership, then you will need to provide evidence of a parent and/or subsidiary association with two or more other British
or overseas companies. If the name clearly shows that the company is to promote the interests of a group of individuals, then
the name will normally be approved. holding(s) - a company wishing to use this word must be a holding
company as defined under section 736 of the Companies Act 1985. patent or patentee - a name including either word will
only be approved if it does not contravene the Copyright, Designs and Patent Act 1988. post office -
we are likely to seek advice on applications that include these words. register or registered - Companies
House treats every application for use of these words on its merits. Generally, it will seek advice from the appropriate governing
body if names that include these words are linked with a professional qualification. The name will not be registered if it
unjustifiably implies a connection with HM Government or a local authority. If such a connection actually exists, the name
may be allowed if the appropriate body supports the application. Sheffield - if you wish to use a name
that includes the word 'Sheffield', we will need to establish details of the company's location and its business activities.
We will also consult the Company of Cutlers in Hallamshire. stock exchange - names including this expression
will normally be refused unless there are special circumstances. trade union - names including this expression
will normally be refused unless they conform to legislation relating to trade unions. trust - the word
'trust' can be used in many different senses. Each application is dealt with on its merits but the main uses of this word
are as follows: charitable trust - these companies need to have charitable objects and a non-profit distribution
clause in the memorandum of association. You will be asked for confirmation that you have made, or will make, an application
for registration as a charity with the Charity Commission. Scottish companies wishing to use the expression 'charitable trust'
will need to apply to the Inland Revenue in Edinburgh as the Charity Commission has no jurisdiction in Scotland. educational
trust or artistic trust - such companies should have a non-profit distribution clause in the memorandum of association and
the name should reflect the nature of the trust. The promoters should be of high standing in the field. enterprise
trust - these companies must have a non-profit distribution clause in the memorandum of association and they must
be able to provide evidence of support from, for example, local authorities, businesses or banks. family trust
- such companies must be non-profit distributing and the objects must reflect the nature of the trust. Names of family trusts
will usually be approved if the name as a whole identifies the company as such. financial trust or investment
trust - if you wish to use these expressions, you will need to provide a written assurance that substantial paid-up
share capital or other funds will be achieved within a reasonable period after incorporation. pensions or staff trust
- the names of such companies must include the name of the parent company, and the objects of the company must include the
operation of pension funds. unit trust - if you wish to use this as part of your company name, you should
seek the advice of Companies House in Cardiff. If the company is to be registered in Scotland, contact Companies House in
Edinburgh.
Trade marks
The Registrar does not consult the Trade Marks Register when considering an application for a company
name therefore, the registration of a name does not mean that trade mark rights do not exist. The onus is on you to verify
that the name is free for use. You should also check local phone books and any relevant trade journals or magazines, to see
if any other business is already using the name. If it is, you could face legal difficulties. If you have any intention to
trade goods or services, you would be well advised to ensure your company name does not conflict with a registered trademark.
It does not have to be identical with a trade mark to cause possible conflict. Problems can arise if a name is judged to be
confusingly similar.
Change of company name
If you decide to use a business name, there are a few rules to bear in mind. The name must: -
not be offensive - not include the words limited, plc or equivalent - not contain sensitive words and expressions,
unless you've obtained permission to use them Before you decide to use your chosen name, it makes sense to check whether
it's already being used. If a sole trader at the other end of the country is using it, there may not be a problem. However,
if another local business or a national firm is using it, you should definitely choose a different name. In order to find
if anyone is using your proposed business name please: - check local phone books, business directories and the Internet -
make sure that your proposed name - or something similar - hasn't been registered in Companies House - make sure that
the name isn't too similar to a word or expression that has been registered as a trade mark
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