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Choosing your business name

Posted on Sunday, 18th August 2013 by

Photo Credit: SalFalko via Compfight cc

When setting up your business one of the many decisions you will have to make is the name of your business.  This decision is perhaps more important than you may think, certainly from a legal perspective.  You cannot just simply choose any name you like.  This area of law is primarily regulated by the Business Names Act, however you must also refer to Companies House and the Intellectual Property Office.

There are lots of restrictions which you may have to follow when choosing your business name.  Very simply, you need to ensure that it is:

  1. Not the same as another business – Companies house can reveal this from their register.
  2. Has not already been trademarked by another business – Intellectual Property office should reveal this from the trademark register.
  3. Does not contain a restricted term – words used in the business name cannot be offensive
  4. Does not sound too similar to another name.
  5. Other specific restrictions – a good example here is that it cannot relate to a government body.

In order to find out more about the law which governs this important decision, please contact our experienced business advisers who will be happy to advise further.

Claire Brown is part of the Private Client team at EHL; our solicitors in Stoney Stanton are experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Stoney Stanton please contact us.

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