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Business Names - GBF3

November 2007- Version 14 As modified by the Companies Act 2006

For further advice, including how to search the Trade Mark Register, contact the Trade Marks Registry of the UK Intellectual Property Office (UK- IPO) on:

E-mail: enquiries@ipo.gov.uk
Website: www.ipo.gov.uk
Telephone: 08459 500 505

The Patent Office changed its name to UK Intellectual Properties Office (UK- IPO) on 2nd April 2007.

3. Who does the Business Names Act apply to?

It applies to:

• a company which trades under a name which is not its corporate name, for example, 'XYZ Limited' trading as 'Fish Antiques';
• a partnership which does not trade under the names of all the partners;
• an individual who trades under a name which is not his or her surname. It makes no difference whether the individual's first names or initials are added. So the Act would apply to Mr JQZ Singh if he traded as 'Singh Antiques' but not if he traded as 'Singh' or 'JQZ Singh'.

All telephone enquiries: 0870 33 33 636

Approval will only be given if the information you supply shows that the business meets the relevant conditions at the time of your application or shortly afterwards.

If you want to use any of the expressions listed in Appendix B, you will need to write to the 'relevant body' to ask if they have any objection (and if so, why) to your use of that expression. Enclose a copy of any reply you have received from the relevant body when you write to Companies House Cardiff or Edinburgh to ask for approval to use the name.

If the name that you have chosen gives the impression that your business is connected with Her Majesty's Government or a local authority, you must not use it without the written approval of the Secretary of State. If you do want to use this type of name, you should write to the Business Names Section at Cardiff or Edinburgh, giving as much detail as you can to support your application.

In such cases the Secretary of State's decision will be sent to you in writing after all the supporting information has been considered.

Approval by the Secretary of State to use a name is confined to the use of certain words or expressions. Such approval does not extend to a company's aims and objectives.

The use of words and expressions listed in Appendix C might be a criminal offence. If you wish to use them in a business name, you should write to the appropriate body and consult a solicitor. The Secretary of State has no power to approve or reject such names which are not covered by the Business Names Act 1985.

• the corporate name; or
• the name of each partner; or
• the individual person's name; and
• in relation to each person named, an address at which documents can be served.

• the places where you carry on your business and where you deal with customers or suppliers;
• business letters;
• websites;
• written orders for the supply of goods or services;
• invoices and receipts;
• written demands for the payment of business debts.

You may deliver documents to the Registrar by hand (personally or by courier), including outside office hours, bank holidays and weekends to Cardiff, London and Edinburgh.

You may also send documents by post or bythe Document Exchange service (DX) or by Legal Post (LP) in Scotland. If you send documents, please address them to:

Companies may deliver the following documents in other languages if the document is accompanied by a certified translation into English:

• Resolutions and agreements affecting a company’s constitution
• Contracts allotting shares for a consideration other than cash
• For companies included in accounts of larger EEA or non-EEA groups, the group accounts and parent undertaking annual report
• Charge instruments (or copy charge instruments)

Companies may also file voluntary certified translations of any document subject to the Directive disclosure requirements.  This includes:

• Constitutional documents such as the memorandum and articles of association
• Directors appointments, changes in particulars or resignations
• Accounts, reports and annual returns
• Notification of any change in a company’s registered office
• Winding up documents
• Share capital documents (public companies only)
• Documents relating to mergers and divisions (public companies only)
• Documents relating to overseas companies

The voluntary translation must relate to a document delivered to the registrar on or after 1 January 2007. Voluntary translations can only be filed in an official language of the European Union and must be accompanied by Form 1106.

APPENDIX A

You will need the approval of the Secretary of State for Trade and Industry before any of the following words or expressions (or their plural or possessive forms) is used in a business name. More detailed information is available from the Business Names Section at Companies House Cardiff or Edinburgh.

(a) Words which imply national or international pre-eminence:

• British - the use of this word in your business name can vary depending on the way the word is used. Normally the Secretary of State would expect the business to be British owned. You would need to show that the business is pre-eminent in its field by providing supporting evidence from an independent source such as a Government Department or a trade association.
  
  If the word "British" is qualified by words that do not describe an activity or product, for example by using a "made-up" word, evidence of pre-eminence is not necessarily essential. You would however be expected to show that your business is substantialin relation to its activity or product and that it is eminent in its own field;

• England, English, Scotland, Scottish, Wales, Welsh, Ireland or Irish - if you wish to use any of these words as a prefix to your business name the criteria are similar to that for "British". You will usually be given approval to use any of these words as a suffix provided that you can show that the business is trading in the country concerned. If you want to use one of these words because it is a surname you will usually be given approval provided that the name includes forenames or initials;

• European - names which include this word may be approved provided that they do not imply a connection with official bodies of the European Union, and provided that the name is not misleading or likely to give rise to a justified complaint.

• International - if this word is used as a prefix to your business name you will need to show that the major part of business activities is in trading overseas. If you wish to use the word as a suffix approval will usually be given if you can show that its main activities are exports, or that it operates in two or more countries overseas. Approval is usually given to businesses wishing to use this word when the business is involved in a trade that is international in character, such as travel or transport, provided that the name is not misleading or likely to give rise to a justified complaint;

• National - the criteria for use of this word are thesame as that for "British";

• association, federation or society - if you wish to use one of these words, your constitution should state that each member should have one vote and normally any profits should be used to further the objects of the organisation rather than be paid out to the members as dividends;

• group - if use of this word implies several companies under one corporate ownership, then you will need to provide evidence of a parent and/or subsidiary association with two or more other British or overseas companies. If the name clearly shows that the company is to promote the interests of a group of individuals, then the name will normally be approved.

• assurance, assurer, insurance, insurer, re-assurance, re-assurer, re-insurance or re-insurer - if the name is needed for an underwriting business, Companies House will normally seek further advice. However, if you want to use the name for a business that will only provide insurance services, you should include the appropriate qualification, for example 'agents', 'consultants' or 'services', in the name. - if the name is needed for an underwriting business Companies House will normally seek further advice. However, if you want to use the name for a business that will only provide insurance services you should include the appropriate qualification, for example "agents","consultants" or "services", in the name.

• Government- approval for use of this word will be granted only if Companies House is satisfied that there is not any official connection with the HMG, any part of the Scottish  or Welsh administration. The whole company name will be taken into consideration and judged independently on its own merits.

• HSC (Health and Social Care)- Companies House may consult DHSSPS (Department of Health, Social Services and Public Safety) when considering the approval of names containing this word as it could foster a misleading impression among patients, service users and wider public that the business enjoys an approved status in connection with the Health and Social Care.

• HPSS (Health and Personal Social Services)- Companies House may consult DHSSPS (Department of Health, Social Services and Public Safety) when considering the approval of names containing this word as it could foster a misleading impression among patients, service users and wider public that the business enjoys an approved status in connection with the Health and Personal Social Services.