What is the Difference Between a ‘Company Name’ and a ‘Trading Name’?

As a business owner, understanding the difference between a ‘company name’ and a ‘trading name’ is crucial for effective branding, legal compliance, and avoiding potential conflicts or confusion. While these terms may seem interchangeable, they serve distinct purposes and have different legal implications. The official name of your company is likely to be your business’s ‘company name’, whereas the name you use operationally is your ‘trading name’. This article will outline the differences between the two so that you can effectively achieve your business aims.

Company Names

A company name is the official legal name of your company. It is the name you register with Companies House and relevant industry regulators, such as the Financial Conduct Authority. You must use your company name when your business is: 

• entering contracts; 
• signing legal documents; 
• making applications; and 
• engaging in formal correspondence. 

Company names must be unique. Therefore, your company name may be rejected if it is too similar to an existing company operating in the same or a similar industry. Additionally, company names must be unique, and you cannot change your company name without first notifying Companies House. 

You will often see company names ending in Limited, Ltd, or PLC. These designations clarify the type of company:

• Limited and Ltd: These endings specify that the company is a private company limited by shares or guarantees. In the case of a private company limited by shares, the company is privately owned, and its shares cannot be purchased on public markets such as the London Stock Exchange.
• PLC: PLC stands for public limited company. This means the company’s shares are traded on public markets. PLCs tend to be large, well-established companies and are subject to greater legal and regulatory scrutiny and reporting requirements compared to private companies.

It is a legal requirement that your company name ends with one of the above designations.

Company Registers

When you incorporate a company in England and Wales, you must maintain a number of company registers at its registered office or at the Companies House. This template includes these company registers.

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Trading Names

A trading name, also known as a business name or trade name, is an operational name used by a company or other organisation for branding, marketing, and customer recognition purposes. Unlike a company name, a trading name is not the official legal name of the business entity and is not registered with authorities.

You may choose to operate under a trading name different from your registered company name for various reasons. For example, a trading name can be more memorable, descriptive, or appealing to the target audience. It can also help businesses differentiate themselves in the marketplace or target specific markets or product lines.

Some of the largest companies in the world use trading names to differentiate between their brands. Trading names also allow companies to easily rebrand and better resonate with a market.

Reasons for Using a Trading Name

There are several reasons why businesses may choose to use a trading name instead of their company name:

• Branding and marketing: A trading name can be more memorable, catchy, and effective for branding and marketing purposes, making it easier to promote the business and connect with customers.
• Product or service differentiation: Companies may use different trading names for specific products, services, or divisions to create distinct identities or target different market segments.
• Geographic expansion: When expanding into new regions or markets, a business may adopt a trading name that resonates better with local audiences or aligns with cultural or linguistic preferences.
• Acquisition or rebranding: After acquiring another company or undergoing a rebranding process, a business may choose to operate under a new trading name while retaining its legal company name.

Legal Considerations and Requirements

While you have flexibility in choosing and using trading names for your business, there are legal considerations and requirements to keep in mind. 

Firstly, even when operating under a trading name, businesses must still display their official company name on:

• legal documents; 
• contracts;
• invoices; and 
• other official communication.

You should also consider the possibility of trade mark infringement. It is essential to ensure that a chosen trading name does not infringe on existing trade marks or cause confusion with other businesses in the same industry or market.

Key Takeaways 

Understanding the distinction between a company and a trading name is crucial for business owners and entrepreneurs. While a company name is the official legal identity of a business, a trading name serves as an operational or marketing identity. Choosing the right trading name can be a powerful branding tool. Still, it is essential to comply with legal requirements and ensure that the trading name does not infringe on existing trademarks or cause confusion for customers.

If you are choosing a company or trading name, our experienced corporate 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 on 0808 196 8584 or visit our membership page.

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