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Choosing a business name is one of the most exciting steps on your entrepreneurship journey. It’s how customers will remember you, how you’ll be found on Google, and how you’ll introduce yourself to suppliers, investors and partners. But before you start printing business cards and launching your website, there’s one important question you need to answer: is your UK business name actually available?
If you’re starting a business, using a business name checker or company name checker might seem like a minor admin task-but in reality, it’s essential for both legal compliance and strong brand protection. Neglecting this step can mean lost money, legal disputes, and damaged reputations down the track.
In this guide, we’ll walk you through why checking your business name is crucial, how to use the various tools available, what risks you avoid by doing it properly, and how name checks are the first big step towards building a brand that’s built to last.
Why Is It Important To Check If My Business Name Is Free?
It can be tempting to dive into business with your dream name idea. But in the UK, your rights to use a business name aren’t simply a matter of “first come, first served”. There are legal rules-and potential competitors or trademark owners-who could object if you get it wrong.
Here’s why it’s so critical to check your name before you commit:
- Legal Compliance: The UK has strict rules under the Companies Act 2006 about registering company names. If your business name is the same as (or too similar to) an existing company, or if it includes restricted words or phrases (“Royal”, “Bank”, “British”, etc.), you could face automatic rejection or even legal demands to change it after launch. Using a business name checker UK will help you spot these issues early.
- Brand Protection: You want a business name that’s distinctive-which not only prevents confusing your customers, but also stops you accidentally infringing someone else’s brand or trade mark. Checks let you know if the territory is clear for you to own (and defend) your name.
- Builds From The Ground Up: Getting the name right lays the legal and reputational foundations for a business that can grow, expand, and potentially franchise or seek outside investment in the future.
And most importantly-failing to check can result in expensive and disruptive forced rebranding, legal claims, or simply having your Companies House registration rejected (a common roadblock for new founders).
What Are The Legal Requirements For UK Business Names?
Before you settle on your name, you’ll want to understand the legal basics. Here are the key requirements you need to navigate:
1. Is The Name “Available” Under Companies House Rules?
If you’re setting up as a limited company, you’ll register your name at Companies House. This government body won’t allow two active companies to have identical business names, and will flag any name that’s too similar to an existing one. You can try the official Companies House name availability checker, but for a more thorough sweep, consider whether anyone else is trading under a similar-sounding name, not just those on the official register.
2. Are There “Sensitive” Or Restricted Words Included?
Certain words are “protected” or restricted because they imply your business has a particular status, function, or authority-like “Royal”, “Association”, “Bank”, “Charity”, “Institute”, or “Trust”. Using these in your business or company name often requires prior approval from a relevant body, such as the Financial Conduct Authority or the Charity Commission.
Failing to get this approval (or ignoring the restriction entirely) can mean Companies House blocks your registration-or you could be ordered to change your name after you’ve launched.
3. Is There A Trade Mark Or Brand Name Conflict?
Trade mark law is a sneaky pitfall for new business owners. Even if a name is available at Companies House, it doesn’t necessarily mean you have the right to use it-someone else might have registered that name (or a similar one) as a trade mark for goods or services like yours.
It’s critical to run a trade mark checker (such as on the UK Intellectual Property Office website) to check for existing trade marks that overlap with your intended business activities. If you don’t, you could be told to stop trading under your chosen name, even after investing thousands in branding.
If you need more info about the difference between business names, company names and trade marks, check out our guide to trade marks vs copyright.
4. Do The Rules Apply To Sole Traders Or Partnerships?
Absolutely! While sole traders and traditional partnerships don’t need to register at Companies House, they’re still bound by the rules about restricted words and can’t trade with a name that would mislead the public or appear to be a registered company. Plus, trade mark law applies to everyone-not just limited companies.
What Tools Can I Use To Check My Business Name?
The good news is, checking the availability of your business name is easier than ever–as long as you know which tools are right for the job. Here are the main options to consider:
- Companies House Name Checker: Use the official checker to see if there’s a company registered under the same or a similar name.
- Trade Mark Checkers: The UKIPO provides a searchable database of existing UK and international trade marks.
- Google & Social Media Search: A quick online search catches unregistered or informal uses of the name-other businesses, popular brands, or even non-trademarked products that could still create confusion.
- Domain Name Checkers: Use a tool like Namechecker or check on your preferred hosting service to see if the website address you want is free-which is important for your future digital presence.
- Combination Services: Professional advisors (like Sprintlaw!) can run all these checks for you as part of startup or company formation packages. You can register your company and get support on the legals at the same time.
What Happens If I Skip The Name-Checking Step?
It’s surprisingly common for new founders to rush this step, only to run into big headaches later. Failing to check your name can lead to:
- Legal Disputes: If another company or trade mark owner thinks you’re infringing their rights, you could be forced to rebrand, pay damages, or even wind up a new business. Trade mark infringement is a serious risk that’s often overlooked by small businesses.
- Forced Rebranding: Imagine the cost and disruption of changing your business name, website, signage, marketing materials, and social media handles after you’ve already launched and built a customer base.
- Registration Rejection: Companies House will reject any company name that’s taken or too similar. You’ll waste valuable time and potentially delay contracts, bank accounts, or client onboarding.
- Loss of Brand Value: Building a brand around a name you don’t really own can devalue your business in the eyes of investors, lenders or buyers later on-you need exclusive rights to create long-term value.
It’s much easier (and cheaper) to check now than to fix problems down the line! Don’t skip this crucial first step.
How Do I Choose A Name That’s Available And Protected?
Picking a great business name is about more than creativity or style-it’s about ensuring you can use it, protect it, and build value long-term. Here’s our step-by-step guide:
Step 1: Brainstorm & Shortlist
Get creative and think of several names that suit your products, services, and values. Try to make your options distinctive and easy to remember.
Step 2: Run Company, Trade Mark & Domain Checks
For each name on your shortlist, do the following:
- Search Companies House to spot existing companies with the same or similar names.
- Use a trade mark checker (UK and, if you plan to expand, EU or global) to find any trade marks that might overlap in your goods/services area.
- Google it and check marketplace platforms (such as Amazon, Etsy, or LinkedIn) to see if unregistered businesses already use the name.
- Check domain name and social media availability-you’ll want the digital addresses to match.
Step 3: Choose A Compliant, Distinctive Name
Pick a name that clears all the above checks and avoids restricted words, unless you have approval to use them.
Step 4: Register Your Name & Secure Rights
- If you’re forming a company, register your business with Companies House promptly to lock in your company name (even if you’re not trading for a while yet).
- If you’re remaining a sole trader or partnership, consider registering your business name as a trade mark for maximum protection.
- Secure domain names and key social handles, even if you don’t plan to use them immediately.
This approach helps keep your brand, your business, and your reputation safe as you grow.
What Other Steps Should I Take To Protect My Business Name?
Name checks are just the start. For full protection and smooth growth, you’ll want to take these extra steps:
- Register Your Trade Mark: Registering a trade mark gives you legal exclusivity for your name (and logo or slogan, if you wish) in your business area. This is the strongest form of brand protection and makes it easier to stop copycats. Learn more about trade marks in the UK.
- Set Out Your Business Terms: Having clear website terms and conditions, privacy policy and other contracts ensures you own and control your brand assets and customer relationships from day one.
- Keep Records: Keep a record of the date you first used the name, and any correspondence or approvals if you use sensitive words (this can help in any future dispute).
- Monitor Regularly: Keep an eye out for new companies or competitors using confusingly similar names. Trade mark owners can (and should!) take action if others edge too close.
How Can Sprintlaw Help?
Legal compliance and brand protection are cornerstones of business success-but they can be tricky to navigate alone, especially for first-time founders.
At Sprintlaw, our team of friendly startup lawyers can guide you through the process from start to finish. We can:
- Run comprehensive company and trade mark name checks as part of company registration support
- Advise on restricted words, approvals and compliance with Companies House, FCA or the Charity Commission
- Help you register a trade mark and set up your business for long-term success
- Draft and review custom legal documents to protect your brand and relationships
- Answer all your legal questions as part of our affordable legal subscription service
If you’re ready to get started, you can reach our team for a free, no-obligation chat about your business idea and legal needs.
Key Takeaways
- Check your business name before you launch: It’s essential for legal compliance and protecting your brand from disputes or forced changes.
- Use a business name checker and trade mark checker: Be thorough-cover Companies House, trademarks, domains and online searches.
- Avoid restricted or sensitive words: Don’t use words requiring approval unless you’re authorised.
- Register your chosen name promptly: Secure it via Companies House, trade mark registration and domain/social handles.
- Seek professional help if you’re unsure: Sprintlaw offers affordable, expert advice for startups (and can do the hard work for you).
Need tailored legal help for your UK business name or registration? Reach out to us on [email protected] or call 08081347754 for a free, no-obligations chat with our friendly lawyers today.
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