Sole Trader - does company name have to be unique?

hazysunshine

Hello,

Looking to start a business soon as a Sole Trader and a bit confused about registering the company name? I've been looking at http://www.companyregistrations.co.uk to find unique names, but also read elsewhere that as a ST you don't necessarily need a unique name so long as there isn't another company in the local area offering the same services.

Confused?

Does the company name I choose have to be 'available' or is this only for Limited companies?

Thanks

Savvy_Sue

It only has to be 'available' if you want to be a ltd company. Obviously if you think you might go that way later, then it might pay to consider your name carefully now.

But if you're a sole trader, you can use whatever name you like, as long as you're transparent and not 'passing off'. You might find problems if your name was William Harold Smith and you tried to trade as WH Smith, for example, and if you're using your own name then you need to make it clear that you are 'Your Name trading as Hazy Sunshine'.

heretolearn_2

If it's a business where you want a website - which is most - it's more important to check that the domain name you want is available, you might have to play around with your business name a bit to find one that's still out there.

InsideInsurance

Whilst you are only likely to run into true trouble if your passing off (ie trying to gain business by people thing you are or are associate to another organisation) that wont stop companies with large Legal budgets causing you problems and creating large costs (time and money) if you are similar to their brands or trademarks even if you aren't passing off. Apple has spent $100m against HTC alone in recent years

You are best trying to avoid anything that is registered as a company or trademark as far as possible.

paulwf

InsideInsurance wrote: »

You are best trying to avoid anything that is registered as a company or trademark as far as possible.

And the other side of the coin is you should consider registering your chosen name as a dormant limited company - very cheap and you remain a sole trader - to make it harder for anyone to steal your name in the future. You might also want to register your own trademark though this is more costly.

So, not only is a unique name good so you don't tread on the toes of others but it also means you can protect yourself against it happening to you in the future.

nappentass

paulwf wrote: »

And the other side of the coin is you should consider registering your chosen name as a dormant limited company - very cheap and you remain a sole trader - to make it harder for anyone to steal your name in the future. You might also want to register your own trademark though this is more costly.

So, not only is a unique name good so you don't tread on the toes of others but it also means you can protect yourself against it happening to you in the future.

Very interesting - How would a st register as dormant limited company?

TIA

InsideInsurance

You simply register a company (you can do it online easily enough) and then complete nil returns as required to show you are not trading.

Setup should be about £25 and annual returns are £15 (ball park figures)

skater_kat

that sounds dodgy!

bengalknights

As a sole trader you can be called whatever you want as long as ts First Name Surname T/A ????

paulwf

skater_kat wrote: »

that sounds dodgy!

There are many threads on here recommending setting up dormant accounts to register the name with companies house. It is fully legit, both legally and also ethically i.e. it isn't a scam or loophole etc.

Mistral001

paulwf wrote: »

There are many threads on here recommending setting up dormant accounts to register the name with companies house. It is fully legit, both legally and also ethically i.e. it isn't a scam or loophole etc.

Just interested why you would want to do it. Is it a bit like setting up a website domain name that you notice has not ebbn taken yet on the grounds that you might want to sell it in the future?