Creative but risqué entrepreneurs made the news in early September after a freedom of information request by the BBC revealed some funny, dirty and downright illegal names that people have thought up for their businesses.
It was reported that the names which had been rejected by Companies House, the official registrar of companies, in the past two years included ‘The Great Big Corrupt Company’, ‘Go Fudge Yaself Ltd’ and ‘Fit as Fork Ltd’!
When setting up a company, the job of creating a name can be difficult, finding something unique and relevant can take a lot of time and effort, so it is little wonder that entrepreneurs were willing to risk committing an offence in order to find something memorable.
The rules on naming a business are contained in sections 53-55 and 1197-8 of the Companies Act and are reproduced in the full guidance issued by Companies House, generally the restrictions cover:
- Use of names that imply a connection with royalty or government
- Use of names which imply the company is regulated without having proper authority from the regulatory or professional body, or that the company carries out a regulatory function
- Offensive names.
Registering a name at Companies House as part of incorporation to a limited company is only the first step and does not give you exclusive rights over it.
Trademark registration is the step that takes the name from a great idea to becoming intellectual property. It is the trademark that provides the exclusive right to use the name within the sector. Therefore, taking legal advice early is critical to ensuring that the company name and brand can be safely used and protected.
At Frettens, we can assist you in checking that a name is available and can undertake the trademark registration process on your behalf.
Phone: 01202 499255 | Email: ssillar@frettens.co.uk | www.frettens.co.uk
This article is featured in the October issue of the Dorset Business Focus magazine. Read on the online version here.