Hughes Paddison is delighted to warmly welcome Heidi Aitken to the Equity Partnership. Here we celebrate her career so far and hear about her plans, as an Equity Partner.
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Have you ever had a case of deja vu when looking at the name of a shop? Ever thought you’d seen that name somewhere else before?
It can be tricky deciding on an original business name which reflects your area of specialism, appeals to consumers and also complies with legal formalities.
There are different rules on naming a business depending on whether you are setting up as a sole trader, business partnership or limited company. This article focuses on some of the things a prospective limited company needs to consider before registering with Companies House.
Pick an original name
Make sure that your proposed business name is not the same or too similar to another registered company’s name or an existing trademark.
Companies House provides a name availability checker. You can enter your proposed business name to see whether there are any companies registered with the same name. You should also use your initiative in searching other sources that may reveal a match, for example, the internet and trade journals.
Your proposed name must not be offensive, sensitive or imply a connection with government or local authorities. There are limited exceptions where consent to use a word can be applied for from the Secretary of State or relevant body.
It must usually end with either “Limited” or “Ltd” or the equivalent “Cyfyngedig” and “Cyf” if the company is to be registered in Wales. (Note that there are special provisions for registered charities and those limited by guarantee.)
Registering a company is not the same as registering a trademark
Even when you have successfully registered your limited company, this does not mean the business name is protected from challenge by a third party. Registering a company at Companies House is a bit like buying a domain name - it stops someone else registering another company or website with the same name but it does not itself protect the use of the same in a wider context.
If you want to stop other people from using the same or a similar business name, then you should consider registering the name as a trademark. See the Intellectual Property Office resources through gov.uk for further information.
A company can use a business name
You can trade using a different name to the one that is registered with Companies House. Again, you must take care to ensure it meets the requirements set out above.
What if I don’t comply with requirements when naming my company?
Possible repercussions might involve:
Deciding on a business name is just one of a whole host of things that need to be properly thought through when starting out. Please contact our Company and Commercial Team on 01242 574244 if you need any help setting up a business.
The information contained on this page has been prepared for the purpose of this blog/article only. The content should not be regarded at any time as a substitute for taking legal advice.
Hughes Paddison is delighted to warmly welcome Heidi Aitken to the Equity Partnership. Here we celebrate her career so far and hear about her plans, as an Equity Partner.
What our clients say
“Hughes Paddison have provided assistance on numerous occasions consistently acting in an exemplary fashion whilst dealing with all aspects of the issue at hand. It is extremely reassuring to know that our company is represented by such a competent and professional firm.”– Commercial Director, Ferroli Limited
““Jennifer was most helpful, frequently explaining the legal jargon with ease and doing so in an effective manner. This very much helped me follow along with what at times seemed like a daunting process - Jennifer’s ability to explain things clearly made the whole process much easier to deal with.””– Anon
“Just a quick note to say a huge thankyou to both yourself and Jess for the service that you have given me over the last few months. It all seems to have been done with the minimum of fuss which has certainly taken away an element of stress that comes along with selling your house. I now see why you guys came as a recommendation and look forward to dealing with you both again when we purchase our new house next year.”– Anon
“Just a note to say thank you very much to you and your colleagues for dealing with the sale of our late Mum’s property. The service we received was excellent and you were able to resolve all the problems that cropped up!”– Anon
“Jennifer provided sound professional legal advice which I needed to help me to sort out the legal and financial aspects of a difficult personal situation. I wouldn't hesitate to go to her with any family legal matters I have in future.”– R
“Having the support of Marcus throughout what has been a very painful divorce has really helped me get through the last 18 months. Although this has personally been a very difficult process, I know that Marcus has done everything possible to make it as smooth as it can be. I really appreciate the honest, open feedback to all of my questions and also how quickly he responded to them. Above all else, Marcus really does seem to care about his clients and their families. I never had the feeling that this was just a job for Marcus, and I’m so grateful that I was fortunate enough to have had Marcus recommended to me when I did.”– R
“When you use a solicitor its usually in times of need, when you require expert advice and reassurance. This is exactly what our company has received from Hughes Paddison Solicitors and in particular Kimberly Whalen-Blake. Not only is Kimberly extremely well informed and professional; she is also personable and easy to communicate with. She responds to messages and emails promptly and goes over and above to assist. I would have no hesitation in recommending her services; and in the future, if necessary, I will definitely be calling on her expertise. ”– S - UK Parking Design
“ Hughes Paddison came highly recommended and they were not wrong. I am so glad I appointed Kim to represent me. It was a really difficult time and Kim swiftly and compassionately cut through to the crux of the issue and gave me such clear and great advice immediately. The outcome achieved was truly the best for myself and the organisation and avoided more stress for all parties involved, as it was solved very quickly. Most importantly for me, Kim handled the negotiations. The relief of handing this over to someone I completely trusted made a horrible situation much better. Many thanks to Kim and HP.”– Anon
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