Domain Names and Company Name Search
If you are setting up a company and want to have an internet presence, you want to ensure (when choosing your name) that both your domain and company names are available.
There are certain legal restrictions on the words you can use and you don’t want to waste lots of time choosing a name only to find the domain or company name has already been taken.
Carrying out a company name search on every possible choice for your proposed company name during the creative process makes sense, rather than just checking the name you settle on at the end of that process.
This article outlines how to perform a company name search to aid in your search for the perfect company name.
1. Is your chosen name available as a URL?
If you would like your proposed company's web-site address (URL) to include your company name then it is advisable to check whether that URL is available before forming your company. Nominet provides its free whois service to check domain name use and there are various domain name search facilities available online.
It may be worth checking other names in use that are similar to the one you want to use just to make sure your customers will not confuse you with any competitors.
2. Summary of Company Name Searches
As well as the domain name search, these are the minimum company name searches you should make:
- Sure the company name you want to use is available.
- Check that your chosen name is not a trade mark registered to someone else in relation to the goods or services you provide.
- Check that a competing business operating in your area is not using the name.
3. Is the company name available?
Check your chosen company name is available for registration with Companies House. Two registered companies cannot have the same name. If your chosen name is too similar to an existing company’s name, Companies House may also refuse you permission to use it.
4. Required part of name
Usually your company name will need to end in the word ‘Limited’, ‘Ltd’, ‘Public Limited Company’, ‘PLC’ or their Welsh equivalents. Which you have to use will depend on the type of company you are forming. Most companies are formed as private ‘Limited’ companies. 'Community Interest Company', 'CIC' and 'unlimited' companies are also a possibility but fairly rare. Unless you fall within a specific exemption, your chosen company name must end with one, and only one, of these words. Make sure your company name search takes this into account.
5. Sensitive or offensive words and expressions
If you want your company name to contain certain words such as ‘Accredited’, 'Charity', 'Holdings' or 'United Kingdom' then you will need to seek permission and meet certain conditions.
Offensive words in your chosen company name will also mean Companies House will not register it. Use of a name that would be a criminal offence will also mean Companies House will refuse to register it.
Using a company name search tool that searches for your chosen name’s availability and for sensitive and offensive words, is the best option.
5. Trademarks
Searching the company names index at Companies House does not also check for trade mark use. You will need to search the trade mark register as well.
A trade mark holder has the exclusive right to use its trade mark in relation to specified classes of goods and services. A name which distinguishes their goods or services may be registered by a business as a trade mark. The registration may be with the UK Intellectual Property Office (IPO), the European Community trade mark office (OHIM) or the World Intellectual Property Office (WIPO) or any combination of these.
You may infringe a trade mark registered in relation to goods or services you want to provide, if your chosen company name has already been registered as a trade mark by someone else.
You can search for registered trademarks on the Intellectual Property Office website (www.ipo.gov.uk).
6. Business and trading names (as opposed to company names) are not unique
Registering a company name ensures you will be the only UK company with that name. However, most businesses in the UK are sole traders or partnerships - not companies. Business names used by sole traders and partnerships have no similar database that you can check.
Check your chosen name by searching the internet and local trade directories (such as the ThomsonLocal Directory) to establish whether anyone else is using your proposed company name. You should particularly avoid names that are used by businesses that operate in the same locality as you and offer the same goods or services.
Carrying out these searches will help to avoid costly decisions to proceed with a name that you are not legally entitled to use.
The information provided in this article is intended as a general guide only. It is not exhaustive or tailored to your individual circumstances.
