If you are setting up a new business, it is important to give some thought to your trading name. As a sole trader or unlimited partnership, you may trade using your own name(s) or choose a trading name. Whichever name you choose, you should check that your name is not similar to a business trading locally in a related area of business nor similar to a trademark registered at the Intellectual Property Office for similar goods or services. You can do this by looking through your local business directories and checking with the Intellectual Property Office online. If your proposed name is too close a match to another, the existing business may be able to take action against you to stop you using the name. You could also be liable to pay compensation if the existing business suffers losses due to your trading name.

If you are setting up a limited company or limited partnership, you will also need to check that your proposed company name is not similar to one already registered on the Company Register. The Companies House website offers access to its Companies Register so you look for businesses with similar names. If deemed too similar, your application for registration will be rejected and you will have to resubmit your application with an amended name.

Whatever name you choose, it is a requirement that every business has certain information included on its letterhead and other business documents. Sole traders and partnerships should display the business name, trading address and the name(s) of all the proprietors at its business premises and on all letterheads, communications and business documents. Additional requirements are made of limited companies and limited partnerships.

If you would like any advice on setting up a business or any other commercial matter, call us on 01491 572138.