In general, you can choose any name you want for your company, but there are several regulations that can affect your choice. For example, a company name must end with the words `Limited’,
`Public Limited Company’, or `Limited Liability Partnership’ or the appropriate abbreviations or Welsh equivalents. Guarantee companies may apply for exemption from using ‘limited’.
Could my choice of name be rejected? We will always check your name before submitting any application to the Registrar. A name cannot be used if: it is ‘the same as’ a name already on the index; it includes the words ‘limited’, ‘unlimited’ or ‘public limited company’ anywhere except at the end of the name. This applies equally to abbreviations or the Welsh equivalent of the words; it is offensive; its use would be a criminal offence. In addition, some names need the approval of the Secretary of State before they can be registered. These include names which contain words prescribed by regulations (see Sensitive Names at http://www.companyregistrations.co.uk/e5b.shtml) and names that suggest a connection with central or local government. If these categories are avoided, you can normally have your choice of name.
What does ‘the same as’ mean? When deciding whether a name is “the same as” another name on the register, the Registrar ignores punctuation, the company’s status (unless dissolved), and certain words as follows: The word ‘the’ at the start of the name; The word ‘company’ or ‘co’; The words ‘and/& company’ or ‘and/& co’. A name that sounds the same as one already on the register 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’, ‘Co’, ‘and/& Company’, or ‘and/& Co’
While a company name may be sufficiently different from a name already on the Index to allow it to be registered, this might not be enough to avoid the two names being considered ‘too like’ each other if an objection is lodged after the second company has been incorporated. In such cases, your company could be directed to change its name. You should be aware that if you adopt a name which misleads the public into believing that your business is that of another business – for example, trading as a department store under the name ‘Harrods’ – 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. You can use CRO’s Company Name Check facility (http://www.companyregistrations.co.uk/b1.shtml) to check the availability of your preferred name.
Kieron James is Sales and Marketing Director at Company
Registrations Online. Prior to joining CRO, he worked in senior
management for VeriSign in Latin America and Europe. Kieron has
experience of developing distribution networks, branding,
growth and profitability initiatives.
Further information about CRO may be found at
http://www.companyregistrations.co.uk or via email from
kieron.james@companyregistrations.com
