The Law and Your Business Name
A Business Names is a non-limited company and/or a ‘trading style’. A ‘Company Names‘ is a reference to a limited company and/or a plc. Up to 1982 most business names had to be registered.
We were recently asked to advise on what regulation applied for a business name (non limited company name). The question was whether it was OK to name a company ‘XYZ’ where ‘XYZ Limited’ also existed but was not connected in any way to the enquirer: or, can ‘XYZ’ and ‘XYZ Limited’ be possible with two different owners.
The answer is ‘yes’ it would be OK to have a business called ‘XYZ’, in this case I add. As ‘XYZ’ is not on the controlled list (see A, B, and C below), and the name is not a recognized brand (i.e. ‘Microsoft’) the name is ‘probably’ OK. I say ‘probably’ as with the emergence of the Internet we have a true world economy, as such a name that is unfamiliar in the UK may be a top company in the USA. If your name was ‘Ford’ and you had a car showroom, you could have the business name ‘Ford’ and all would be OK: if you called it ‘Ford Motor Company’ and put up a logo similar to the Ford car manufacturer you will get sued very quickly.
All of the following words need to be authorized before use. Some words, say ‘British’, need government approval through Companies House, and others, say ‘Royal’, by HRH and ‘Architect’ by Architects Registration as per Architects Registration Act 1997.
A) Words which imply national or international pre-eminence: British, International, Scottish, England, Ireland, United Kingdom English, Irish, Wales, European, National, Welsh, Great Britain, Scotland.
B) Words which imply business pre-eminence or representative status: Association, Council, Institution, Authority, Federation, Society, Board, Institute. C) Words which imply specific objects or functions: Assurance, Co-operative, Re-assurance, Assurer, Foundation, Reassurer, Benevolent Friendly Society, Register, Chamber of Commerce, Fund, Registered, Chamber of Commerce, Group Re-insurance, Training and Enterprise, Holding, Re-insurer, Chamber of Industry, Industrial & Sheffield, Chamber of Trade, Provident Society, Stock Exchange, Provident, Trade Union, Chartered, Insurer, Trust Charity, Patent
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