Can two separate limited companies within the same group of companies both use the same trading name?

[Sapphire123]

Can two separate limited companies within the same group of companies both use the same trading name?

 

[Lisa Thomas]

I suspect the answer is no, and someone will be along shortly to confirm or correct me but either way this sounds like disaster in waiting.

 

[Frank the Insurance guy]

I'm no expert, but I think you can have different Ltd co's all using the same trading address - McDonalds is a prime example. Your local McDonalds is likely to be a Ltd co trading as McDonalds and a totally different Ltd co to my local McDonalds.

It is quite common to see the same trading name in different towns (the Ltd co's may not even know about each other.

However - all invoices/contracts/documents must clearly state the Ltd company name and register number. (you cannot just send an invoice under the trading name and later choose which company it relates to).

 

[Gyumri]

Can two separate limited companies within the same group of companies both use the same trading name?

Even if they're not in the same group they could do so and there are probably thousands of such companies.

 

[Mark T Jones]

A trading style has no legal status, so there is no reason why not.

The reason why you are doing so may raise other questions

 

[eteb3]

You probably need to take care not to allow a partnership to arise, which is “the relation which subsists between persons carrying on a business in common with a view of profit”. I think you can be “estopped” from denying a partnership if you’ve allowed others to believe there is one, which what you describe might suggest.

Check the weasel words at the foot of franchise publicity: eg, afaicr Specsavers say something like “ABC Optom Ltd trading as Specsavers, a trading style used under licence from Specsavers Holdings Ltd.