Choosing a Company Name - Company Name Registration FAQs

No. Several regulations can affect your choice. For example, company names must end where required with a prescribed statutory indicator e.g. such as "limited", "public limited company" or "community interest company" depending on the requirements of the legislation. Abbreviations or Welsh equivalents may be used. Certain private companies may apply for exemption from using 'limited' in their company name - see chapter 4 for more details. Unlimited companies are not required to end with "unlimited" but may do so if they wish to indicate their status.

All companies which are commonhold associations must end their name with 'commonhold association limited' or the Welsh equivalents. Right to Manage companies must end their name with 'RTM company limited' or the Welsh equivalent.

All companies which are community interest companies (CICs) must have names which end with the words 'community interest company', community interest public limited company’ or their abbreviations (or Welsh equivalents).

Yes, if the name:

• is 'the same as' a name already on the index – see chapter 3;
• includes the words 'limited', 'unlimited', 'public limited company' or 'community interest company' anywhere except at the end of the name. This applies equally to abbreviations or the Welsh equivalent of the words;
• ends with 'commonhold association limited' or the Welsh equivalent (unless the company is a commonhold association);
• ends with 'community interest company','community interest public limited company' (or abbreviations or Welsh equivalents) unless the company is a community interest company;
• ends with Right to Manage or RTM company limited or the welsh equivalent unless the company is an RTM company;
• ends with LLP (unless it is an LLP) ;
• is offensive;
• is one the use of which would be a criminal offence; or
• includes any of the following (unless it is one of these company types), anywhere, in the company name;
  • - 'investment company with variable capital' (or its Welsh equivalent);
  • - 'open-ended investment company' (or its Welsh equivalent);
  • - 'limited liability partnership' (or its Welsh equivalent);
  • - the abbreviation 'SE' (or the abbreviation SE bracketed or with other punctuation marks before or after the abbreviation). For more information, see our European Company: Societas Europaea (SE) guidance at www.companieshouse.gov.uk

In addition, some names need the approval of the Secretary of State before they can be registered. These include names which contain words prescribed by regulations (see question 4 below) and names which suggest a connection with Her Majesty's Government, or local government.

Before you apply to form a company, or to change the company name, please search the Index of Company Names at www.companieshouse.gov.uk to check if there are any companies with a name that is similar to the name you wish to register. If you are uncertain about your choice of name please call us on 0303 123 4500.

When deciding whether a name is 'the same as' another name, the Registrar ignores punctuation, the company's status, 'the' at the start of the name, and words like 'company (or co)', 'and (or &) company (or co)''.

For example, if the name 'Hands Limited' is already registered, then the following names would be rejected:

• Hands Public Limited Company (or PLC);
• H and S Limited (or Ltd);
• H and S Public Limited Company (or PLC);
• H & S Limited (or Ltd); or
• any of the above, with the addition of 'Company, Co', 'and', '&', 'Company' or 'Co'.

A name that sounds the same as one already on the Index of Company Names will be accepted if the two names are spelt differently. However, although a name might be sufficiently different from an existing name to allow it to be registered, this might result in an objection and a direction from the Secretary of State to change the company name - see chapter 5.

You should also be aware that if you adopt a name which misleads the public into believing that your business is that of another business , for example, trading as a department store under the name 'Harrods' , you may face a legal action for 'passing off' by the person whose business you have misrepresented .Registration of a name by Companies House does not mean that a company can avoid possible passing-off actions.

In addition, to avoid possible legal action for trade mark registration you should ensure the name you intend to register at Companies House is not identical or similar to an existing trade mark. Before registering a name at Companies House you are advised to check the Trade Marks Register of the UK Intellectual Property Office at http://www.ipo.gov.uk/cna. You can also contact them by phone on 08459 500 505 or by email to enquiries@ipo.gov.uk.

You can also consult a trade mark attorney by contacting the Institute of Trade Mark Attorneys on 020 8686 2052 or visit www.itma.org.uk/intro/index.htm. You can also seek advice from a solicitor.

Even if Companies House does not raise a "too like" objection to your name, this does not provide you with a defence to any subsequent trade mark infringement or passing off claim. The onus is on you to verify that the name is free for use.

Registration under the Companies Act prevents anyone from registering a name which is the same as another name on the register. However, it does not prevent a company or an unincorporated business, such as a sole trader or partnership, from using that same name as a business or trading name, although a business or trading name is still subject to possible passing off action or trade mark infringement as described above.

From 1 October 2008 the Companies Act 2006 introduces new provisions allowing any person or company to object to a company name for "opportunistic registration" if the company's name:

• is the same as a name associated with the complainant in which he has goodwill; or
• is so similar that its use in the United Kingdom would likely to mislead by suggesting a connection between the company and the complainant.

Please note: Companies House cannot deal with any complaints about opportunistic registration. Objections and enquiries should be directed to "The Company Names Tribunal" (also known as "the Adjudicator") which is operated and administered by the UK Intellectual Property Office. Further information is available at http://www.ipo.gov.uk/cna

Names which need approval are those that include words or expressions set out in statutory regulations and names that give the impression the company is connected with Her Majesty's Government or a local authority.

Further information on sensitive words is provided in chapter 3 and you can find a list of 'sensitive' words and contact points to seek supporting information in Appendix A, Appendix B and Appendix C.

Please note that Companies House will register company names that include the words 'bank', 'banker', 'banking' or 'deposit'. However, if a company adopting one or more of these words in a company name is engaged in banking activities and accepting deposits it will require authorisation from the Financial Services Authority (FSA). Please refer to their website www.fsa.gov.uk for further information and contact details. If you are uncertain about the use of one of these words or the intended business activities contact the FSA or seek independent professional advice.

If you choose a name that includes any of the words listed in Appendix A, you will need to provide supporting information which will allow the Secretary of State to approve the name prior to registration.

If you choose a name that includes any of the words listed in Appendix B, you will need to write to the 'relevant body' to ask whether they have any objection to the proposed name. You must send a copy of the reply to Companies House.

The words and expressions included in Appendix C are subject to different legislation and any inappropriate use of such words in a company name could be a criminal offence. If you wish to include one of these words or expressions in your company name, then you should contact the relevant regulatory authority or ask us for advice.

You can find details of sensitive words on our website at www.companieshouse.gov.uk If you are uncertain about the use of a specific word in a name you can also contact us on 0303 123 4500.

If your chosen name is not already on the Company Names Index and does not include a word which requires the approval of the Secretary of State, you should send your incorporation or change of name documents to the Registrar at Companies House, Cardiff (for companies registered in England and Wales) or to the Registrar at Companies House, Edinburgh for companies registered in Scotland.

If your documents are correct, Companies House will register the company name or change of name and issue a certificate of incorporation or change of name.

More information about incorporating companies is available in our 'Company Formation' guidance at www.companieshouse.gov.uk.