A business wishing to exchange as a UK company should be enlisted at Companies House. This cycle incorporates picking and enlisting a company name. A company may just have one enlisted name, yet can have various trading names, as required. In today’s article, we will focus on trading name vs company name. This includes the limelight on the following:
- Company Name
- Trading Name
- Trading Name vs Company Name
Company Name:
For a company name to be acknowledged and enrolled by the UK enlistment centre at Companies House, the accompanying conditions should all be noticed:
- it should not probably give the feeling that the business is associated with the HM government or any nearby or public position.
- it should exclude certain words or articulations except if pre-endorsed.
- it should not be equivalent to or excessively like the name of one more enrolled company.
- it should exclude certain characters or marks.
When choosing a name that is viewed as similar to the current name, Companies House will dismiss any word in one or the other name; utilization of the word ‘the’; and any words that imply similar importance (for example ‘and’/’&’).
Similarly, it won’t be applied if:
- the company will be added into a similar group as the current company with a similar name; or
- the current company agrees to the enlistment of the proposed name.
Stationery and Company Documents:
The enlisted company name should be available on the entirety of the accompanying:
- business letters see and other authority distributions.
- bills of trade, promissory notes, supports, and request structures.
- checks and orders for cash, labour, and products endorsed by or for the company.
- bills of packages, solicitations, and different requests for instalments, receipts, and letters of credit.
- applications for licenses to carry on an exchange or action.
- any remaining types of business correspondence and documentation; and
- any company sites (note that in spite of the fact that it isn’t important to put the enlisted name on each page of the site, it ought to be put where it very well may be handily perused).
The company’s enrolled number will likewise be remembered for some of these records, and it is normally acceptable practice to incorporate this, as it is the solitary novel identifier of the company that won’t ever change.
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Trading Names:
A trading name is used by a person, company, or organisation. A business might use however many trading names as it requires, yet these can’t be enlisted as true names of the company.
While unregistered, trading names are as yet dependent upon certain lawful limitations and should conform to a considerable lot of the arrangements required, and recorded above, for company names. Nonetheless, the accompanying contrasts ought to be noticed:
- at the point when a business name would be so deceptive regarding the idea of the business’ exercises as to make hurt people in general, it will be precluded.
- the standards on ‘same as’ and comparative names don’t make a difference, anyway make applicable checks to guarantee that another business doesn’t make claims for deception, or passing off.
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Company Names VS Trademarks:
Enlisting a company name isn’t similar to having an enrolled exchange mark.
An exchange mark is an identification of beginning, it gives elite rights to the utilization of that name and the capacity to keep others from taking on an indistinguishable or confusingly comparative imprint in a similar field.
Under UK exchange mark law an enlisted exchange imprint can be encroached by utilization of that mark as a company name or trademark. Consequently, while enrolling a company name it is basic that you first actually take a look at the UK Intellectual Property Office (UKIPO) exchange mark list.
Because of the abovementioned, subsequent to enrolling your company name, it merits considering:
- To enrol an exchange mark at the UKIPO;
- Checking Companies House routinely for comparable names by tapping on this connection; and
- Setting up an exchange mark watch at the UKIPO by tapping on this connection
This will assist with securing your image and forestall the reception of indistinguishable, confounding, or deluding names.
Conclusion:
To sum up the discussion of trading name vs company name, we can say that under the Companies Act 2006 you can have a problem with a company’s enrolled name in case it is similar to an enlisted name, regardless of whether that exchange mark was enlisted previously or after the company was fused. We hope this blog helped to develop a better understanding.
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Disclaimer: This guide contains general information on trading name vs company name.
