Q. I have thought of a really catchy name for my new business and wondered whether you could advise me where I have to register the name?
A. A business name is a name used by any person, partnership or company for carrying on a business which is not the same as their own name. There is no central register of business names and therefore no requirement to register it. However, if you intend to operate your business through a company or a limited liability partnership then you will have to register the name at companies house.
Q. It's just a small retail business which I am going to run in partnership with my wife. Are there any restrictions upon the name we use?
A. A business which uses a name similar to that of an established business could face a legal action for an injunction or damages for "passing off" where confusion is caused and the established business suffers loss. For example, if a new firm of solicitors started practicising in South Shields using the name " Glenton Stracey Solicitors" that would be sufficiently similar to the name of my firm to enable us to bring an action to prevent them from using that name. In order to avoid such an action therefore, before selecting your business name, checks should be made in internet search engines, domain name registries, local phone books, relevant trade journals or magazines, and trade marks registry to see if any other business is already using that name.
There are also a number of technical restrictions of which you should be aware; for example, you cannot use a name that would be likely to give the impression that your business is connected with HM Government or a local authority or a public authority, and you cannot use a name which misleads the public as to the nature of its business.
Choosing a business name requires care. For specialist advice contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey Solicitors have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk . Patterson, Glenton & Stracey Solicitors: The Logical Answer.
