Registering a company name

[ajdriver]

Happy new year all.

How do I find out if a company name already exists? If it doesn't I want to register it, how do I go about this and what sort of costs are involved?

Thanks
Alan

[MikeH]

To check and see if a company name is registered use this link to Companies House where you can check name availability-

http://wck2.companieshouse.gov.uk/8b17bb8613c0db06faf05a973562a655//wcframe?name=accessCompanyInfo

If you want to register a name you have to actually form a company. There is technically no register for simply registering a name. Some organisations may tell you that you can be recorded on their register but I would not recommend it.

You can form a company which will get your name on the register but I must advise that whilst this will ensure no one else registers the name it will not prevent others from using it as a trading style. To protect a name you have to look into registering it as a trade mark which is a lot more expensive.

If you need any advice please feel free to contact me through our website on our free phone number. You will also get an idea of what is involved in forming a company from the info on our site.

Mike.

[ajdriver]

Thanks.
The name is not on the list which is a good start.
Can I start trading using 'whatever name' without registering it first?
I.e. delay the process until after the business has started to generate some cash flow.

[StartUp]

Yes,

you can trade using whatever name you like (even if you have a company name) as long as you don't infringe someone else's copyright etc.

Julia

[Ozzy]

Following on from Mike's and Julia's comments.
You can be a "sole trader" to get started and be "Joe Bloggs trading as Super Duper". This is how I started my Internet business a few years back.
What I did do though, and this is optional, is I registered the Limited company at the same time but kept it dormant. I done this as I wanted to ensure that "if" I did decide to go Limited Company in the future the company name which was the same as my trading name I was using would be available. Plus the age of the Limited Company would accurately reflect the true age of what my business was (and not look like a 6 month old business even though I had been trading for 2 years).
As the business grew and I started to take on larger contracts, and the liability of the business grew I decided to start using the Limited Company and "closed" my sole trader business.
This was a very straight forward process...
I wrote to all my clients and suppliers informing them of my change of status.
I wrote to the Inland Revenue informing them that I was no longer trading as a sole trader.
I applied for a new VAT number in the Liumited company name (easier and cliener than moving the VAT number over!).
I started issuing invoices and writing letters from the Limited company rather than the Sole Trader company.

However, after saying all that it really does depend on your business as to whether you should start out Sole Trader or Limited Company. If you are investing in a lot of stock, hardware, property and so on .. or the nature of your business carries quite an element of risk, it may be worthwhile starting as a Limited company from day one.
If you business is relatevively low risk then Sole Trader would probably be the best route to go.

Good luck for the new year!

[ajdriver]

I was planning to operate as a partnership. At least to start with. But I was still going to register the name with Companies house so that it will be ready for when I need it.

[gj]

I would definitely advise registering the company anyway - there would be nothing worse than establishing a good business name, then 2 years down the road going to from the company and finding someone else had nabbed that company name.

Graham

[Crossguard]

The one thing that governs everything else is trade mark rights. A registered trade mark can stop use of a name even if it can be registered as a company name or an internet domain name. A search on the trade marks register is therefore essential for anything identical or similar which you might infringe. A trade mark attorney can do this and advise you. Look at www.itma.org.uk to find details of trade mark attorneys in your area.

[MikeH]

I was planning to operate as a partnership.

What type of partnership. Two people starting business creates a partnership in effect. The latest business vehicle is an LLP or Limited Liability Partnership and provides some of the protected liability associated with LTD's.

However, if in partnership with someone else I would recommend getting a partnership agreement drafted by a professional. There are many points to consider including the following-

Distribution of funds, What happens when a partner retires, wishes to leave or even dies, What is the liability of each partner, Who is responsible for what, etc.

If you need some information on this drop me a PM or email me and I will send you a fact sheet that may open your mind to a few considerations.

Mike.[/list]

[ajdriver]

Does a logo have to be 2D to be able to register it as a trademark?
Im sure |I read somewhere that it cannot have any 3D shapes, But can you get away with 3D letters arranged in a shape? The thing is, I dont want to get a logo and realise I cant trademark it.

Thanks

[Crossguard]

No, a logo does not have to be two dimensional to be registrable as a trade mark. Anything can be registered as long as it is recognisably a trade mark and can be graphically represented in a meaningful fashion.

(For example, I registered the shape of the classic Mini for Rover Group, and Derbyshire Building Society have registered the gesture of tapping one's nose.)

[Ozzy]

....and Derbyshire Building Society have registered the gesture of tapping one's nose.)
Now thats just plain crazy :)

[Crossguard]

....and Derbyshire Building Society have registered the gesture of tapping one's nose.)
Now thats just plain crazy :).....but absolutely true, it's UK trade mark registration no. 2012603 - but Derbyshire Building Society first had to persuade the Trade Marks Registry that the gesture was recognisable as their trade mark.