What can I call my company

Naming your business is a creative, personal process, although there are a number of legal considerations which will impact the approach you take. These will depend on a wide range of factors such as:

• the purpose for which you will be using the name,
• the countries where you operate,
• your customer base and industry,
• your brand values,
• Whether you sell physical products.

Some business owners use their personal names, for example, Paul Smith fashion designs, while others choose names that suggest their products or services, for example Toys-R-Us.

If you have some potential names in mind, and would like to know whether there are any factors or restrictions affecting what you can call your company, then read on.

Company names

If you intend to incorporate, note that certain company names are not permitted. If the name you choose falls within any of the following categories you may need authorisation, or to provide evidence of your entitlement to use the name:

• words indicating a connection with the government, the Olympics, the courts, royalty, or which might be perceived as denoting a national interest, for example “Royal”, “British” or “Olympian”
• names which suggest a special status or authority, for example “Inspectorate”, “Chamber of Commerce” or “Commission”
• names which link your business to regulated activities, for example “Solicitors”, “Dentist”, or “Bank”
• names which indicate that your business is a charity or trust

Similarly, if you would like to use words such as “Holdings” or “Group” or ‘International’ you must support your application with evidence that your company meets the necessary requirements.

It is a commonly assumed that incorporating a company gives you exclusive ownership of the name. In fact, other businesses may secure similar names.

On the other hand, if you are using a name which is owned by someone else as a trademark you may have to rebrand. This is a risk that should be managed by getting advice on the trademark position.

What about domain names?

Investing in domain names is best left till you have found out whether the name is trademarked by someone else.

Just as with company names, it is a common misconception that registration of a domain name carries entitlement to use a name. However, if someone else has better rights over the name the domain’s ownership may have to be transferred to a competitor with earlier rights over the name.

To mitigate these and other risks consult a trademark lawyer so you avoid infringing on trademarks owned by others, and choose a name that will be valuable to your business once it succeeds. Not all names can function as trademarks.