Registering a business name?

[-Chris-]

How do you go about registering a business name please? Do you do it differently if it was for example, Palmer LTD, or Palmer International ?

 

[Scalloway]

You don't register business names in the UK. You can register a company with Companies House so nobody else can use the name or you can register it as a trademark.

 

[-Chris-]

Thanks Scalloway, so if I wanted to register a company name at Companies house in the name of Palmer International, how would I ensure that no-one else has that name first?

 

[Scalloway]

You can search on Companies House. As part of the process when you register your company Companies House will check your proposed name and reject it if it is too close to an existing one.

https://beta.companieshouse.gov.uk/search?q=Palmer+International

 

[-Chris-]

Thank you very much. I'm quite new to this side of things, does that search go world-wide?

 

[Alan]

does that search go world-wide?

No

 

[Scalloway]

If you want to go worldwide I rather think you would need to apply separately in each and every country.

 

[Alan]

By the way international is a word that is ignored by company house so Palmer Ltd = Palmer International Ltd

So your UK companies house check should be https://beta.companieshouse.gov.uk/search?q=Palmer

 

[-Chris-]

Thanks for that, so you even though you pick Palmer Ltd, you can still call yourself Palmer International Ltd? Also, so there could for example, be a Palmer international in the UK and a Palmer international in Australia?

 

[Alan]

No - If you want to be Palmer International Ltd in the UK you can't if there is a Palmer Ltd in the UK ( which there is )

It is all here https://www.gov.uk/limited-company-formation/choose-company-name

Yes can easily be Palmer International in UK and a different one in Australia, there is no global register of names.

( trademarks are a different story )

 

[-Chris-]

Okay, thanks Alan and Scalloway, you've been helpful. I'll look into this some more.

 

[obscure]

Just so it is clear. Registering a company name at Companies House does not actually mean you can use that name to trade. A Limited company (name) is just a legal entity used by Companies House to keep track of accounts etc. This is not the same thing as a Trademark - which is the name/mark a company uses to trade. Many companies are registered at CH under one name - for example "ABC Industrial Ltd" but trade under a totally different name - such as "Classic Ironworks".

If you want to ensure you can actually use a name to trade you will need to do a Trademark search. If you are hoping to use the name internationally you will need to do an international search.

 

[-Chris-]

Thank you. It looks to be a bit of a minefield, but will keep at it.

 

[kulture]

By the way, under the Business Names Act of 1985 you need permission from the Secretary of state to use the word "international" in a company name.

 

[Scalloway]

International is no longer a sensitive word.

https://www.gov.uk/government/news/changes-to-the-rules-for-company-and-business-names

 

[-Chris-]

Thank you all for this input, it's appreciated. So, could we now use Palmer International Ltd ?

 

[Scalloway]

You need to see if it clashes with the Palmer International Partnership LLP

https://beta.companieshouse.gov.uk/company/OC388289

 

[Lawyer]

Very good advice above. Also
1. Go on ipo.gov.uk and check for use of Palmer as remember it is the registered trade mark right which will trump the company name. No point registering a company name you cannot then use because if breaches someone's UK registered trade mark. Check under search trade mark register.
2. Then just do a google search too which may internatinoally throw up who is using the name as in the Uk and some countries abroad even if the name is not a registered trade mark someone using it for years with a reputation in it can stop you using it through the law of passing off.

So many companies spend a lot of money on a name set up and then find out later it is someone else's rights and waste the money they spent. Any initial checks are worth doing to avoid wasting time on a brand which belongs to someone else.

 

[-Chris-]

Thank you for that info, it's becoming clearer. Is it possible to register say for example, Palmers Cleaning Solutions ? I haven't found it when checking UK records, but not sure if it would be allowed?

 

[Scalloway]

I would just try registering it. It only costs £12 to register a company.

 

[-Chris-]

Apologies, what I meant was:
Thank you for that info, it's becoming clearer. Is it possible to register a trademark say for example, for Palmers Cleaning Solutions ? I haven't found it when checking UK records, but not sure if it would be allowed?

 

[Gecko001]

As was pointed out above, there is no such thing as "registering" a business name in the UK. Many businesses trade with exactly the same name as other businesses which is perfectly OK as long as they are not passing themselves off as that other business. In other words you do not necessarily have to have a unique business name in order to trade under that name. But if you decide to set up an entity such as a Ltd Company, this company has to be registered with Companies House and the name of the Company has to be unique.



. .

 

[-Chris-]

Thanks and can I assume that you can register a trademark without registering a company name?

 

[Gecko001]

You do not register the name unless you decide to register a trademark. It is important to understand that there is no such thing in the UK as registering business name. In fact it is somewhat an urban myth that a business name has to be registered.

Forming a Company means giving that company a name when you are registering the Company with Companies House, but a business can be run without forming a Company. It can operate as a sole-trader business or as a partnership without there being a Company formed.

 

[obscure]

Thanks and can I assume that you can register a trademark without registering a company name?

Yes. You can trade as a Ltd company or as a Sole Trader (individual person). In either case you can use a trading name instead of the registered (Companies House) name of your Ltd or, in the case of Sole Trader, your real name.

You don't have to register your trading name as a trademark. Just using the name to trade will generate some protection as a trademark. However, registering the Trademark will make it easier to prevent others using it.