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1. Oversea companies
The same rules that govern the use of names for British-registered companies apply to the names of oversea companies and their branches registered under Part XXIII of the Companies Act 1985. If the name is not acceptable, the company will receive a notice to change it. Information about the registration of oversea companies is available in the booklet, 'Oversea Companies'.
2. Open-ended investment companies, European economic interest groupings and limited partnerships
As with oversea companies, the names of these businesses are kept on the Company Names Index. They are subject to the same rules on the use of names and their names are taken into account when deciding whether one name is the 'same as' another - see chapter 1.
3. Business names
The rules about 'too like' and 'same as' names do not apply. But certain words and expressions used in business names still need the approval of the Secretary of State for Trade and Industry before they can be used.
More information about business names is available in the booklet, 'Business Names'.
4. Could a choice of name be affected by the trade marks index?
The Registrar does not consult the Trade Marks Register when considering an application for a company name. Therefore, the registration of a name does not mean that trade mark rights do not exist.
It is advisable to consult a solicitor before using a name. You should also check local phone books and any relevant trade journals or magazines, to see if any other business is already using the name. If it is, you could face legal difficulties.
If you have any intention to trade goods or services, you would be well advised to ensure your company name does not conflict with a registered trademark. It does not have to be identical with a trade mark to cause possible conflict. Problems can arise if a name is judged to be confusingly similar. For further advice, including how to search the Trade Marks Register, contact the Trade Marks Registry of the Patent Office on:
E-mail: enquiries@patent.gov.uk
Website: www.patent.gov.uk
... or by the Consumer Credit Act?
Registration of your company name does not imply any acceptance of the same name for the purpose of the Consumer Credit Act 1974. If you need a licence under that Act in order to carry on business, then you should consult the licensing branch of:
Office of Fair Trading
3rd Floor
Craven House
40 Uxbridge Road
Ealing
London W5 2BS
Tel: 020 7211 8000
to find out whether your chosen name is acceptable for the purposes of the Act.
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