How to Register a Business Name in England and Wales

If you have an idea for a business, it can be tempting to start trading as soon as possible. However, you might find yourself with questions about how to register your business name or if there are any advantages to doing so. This article will explain the distinction between registering your business’ name as intellectual property and registering your name as part of the incorporation process. In some cases, it is not necessary to register your business at all. In other cases, it is. 

Intellectual Property vs Registration as Part of Incorporation

There are two different reasons for registering your business name:

• to protect your business’ brand; and  
• as part of the registration process for incorporation with Companies House.

The two are distinct, though, in practice, you may find both are relevant to your objectives.  

The first is a matter of intellectual property law, which is beyond the scope of this article. But in general, you may wish to register your name with the UK Intellectual Property Office (UK IPO) to prevent others from using it. This is known as “securing a monopoly” over your business name and other aspects of your brand. In most cases, if you are the one that has come up with your company’s name and its branding (such as its logo), you will have certain intellectual property rights that arise automatically. So registering your business’ name through the UK IPO gives you added protection. 

The second is a requirement for all businesses that wish to incorporate.

Registration of Business Name as Part of Incorporation

The two most common types of incorporated businesses are private limited companies and limited liability partnerships (LLPs). As part of the broader process of registering your business to incorporate it, you must register the name of your business with Companies House. Companies House is the public body responsible for regulating incorporated businesses. 

Private limited companies and LLPs are governed by different laws (Companies Act 2006 and Limited Liability Partnerships Act 2000, respectively). Thus, while the process of incorporation bears some similarities, the particulars can differ. 

That being said, the law surrounding what you can and cannot name your business has more similarities than not. 

Choosing a Name for your Company 

Before you settle on a name, you must ensure that:

1. the name is not already in use by another registered company; and 
2. the name is not prohibited.

There are some additional considerations we will examine below. 

Index of Company Names Already in Use

You would not want to use a name already in use because it would be unfair to the company that already registered its name. Likewise, it would be confusing to your customers. 

Fortunately, Companies House provides a free index listing every registered company’s name. As part of the incorporation process, you will be invited to make use of the tool. It is straightforward to search through the index by yourself. 

You should note that an existing company name will be considered the same name, even if it appears in different iterations. For example, “YouCo Limited” is considered identical to:

• YouCo Ltd
• YouCos Ltd (or Limited)
• YouCo-S Ltd (or Limited); and 
• YouCo.Co.Uk Ltd. 

Additionally, be aware of the law surrounding “passing off”, which is a kind of civil offence. Passing off is when you use a name in such a way that another person can argue that you are carrying on their business. Likewise, you may be liable for trademark infringement, even if the names are not exactly the same. 

End of Company’s Name

You must indicate that your company is a limited company so that others that do business with your company are aware. Therefore, you must either use “Limited” or “Ltd” at the end of your company name. 

Prohibited Names 

There are certain words and phrases that you cannot use in your company name. These include:

• swear words;
• names included in the UK’s list of prohibited terrorist groups (e.g., ISIS/Islamic State, IRA/Irish Republican Army, and Tamil Tigers/LTTE); and
• specific humanitarian organisations like the Red Cross.

Characters and Length

Your name may not exceed 160 characters, inclusive of spaces. As that is the length of a tweet, it is unlikely to be an issue. 

Additionally, you cannot use certain symbols in the first three characters of the company’s name, including:

• +
• *
• #
• =
• &

Nor can you use other certain characters at all, like:

• © 
• ® 
• ™ 

Names Requiring Approval

Some names, while not prohibited, may require Companies House approval. They include names that suggest:

• an affiliation with a public authority;
• being part of a licensed or highly regulated profession like banking, law, insurance, or a trust; and
• a relationship to the royal family (e.g., queen, duke, or Windsor).

Different Business Names 

Some companies may wish to trade under a name that is different from their registered name, such as if you have expanded into a new area and your registered name suggests your services are more limited than they actually are. 

In such cases, you are free to trade under a different name, but all official correspondence should be addressed as follows: “[Your company’s trading name] t/a [Your company’s registered].” — “t/a” stands for “trading as”.

Limited Liability Partnerships

Broadly speaking, the same rules against using certain names apply for LLPs as they do for companies. 

One key difference is that instead of the use of “Limited” or “Ltd”, the suffix “Limited Liability” or “LLP” must be used (or their Welsh equivalents). 

Key Takeaways 

You may wish to register your name to protect your business’ branding, or you may need to as part of the incorporation process. For the latter, when choosing a name for your company, there are certain rules you must follow and certain names you cannot use. The rules for limited liability companies (LLPs) are broadly the same as those. 

If you need help with any aspect of incorporating your business, including how to register your company name, our experienced business lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today at 0808 196 8584 or visit our membership page.

Frequently Asked Questions