Can I use a company name similar to an existing business?
By SuLe · Updated 14 July 2026
Often you can — Companies House only refuses a new name that is identical or "too like" an existing registered name, so merely similar names frequently get through. Registration is not clearance, though: a company name carries no trademark rights, so a similar name can still trigger a trademark infringement claim, a passing-off claim or a Company Names Tribunal complaint.
Key facts
- Companies House can refuse a name that is identical or "too like" an existing registered name — or direct a change after registration.
- Registering a company name gives NO trademark rights.
- "Sensitive" words in a company name need approval before you can use them.
- The Company Names Tribunal deals with opportunistic registrations.
- A name Companies House accepts can still be attacked for trademark infringement or passing off.
What will Companies House refuse — or unwind later?
At registration, Companies House checks your proposed name against the companies register and refuses names that are identical to an existing registered name or "too like" one — close enough to be the same name in substance.
Acceptance is not the end of it. A "too like" objection can succeed after registration too, within a window after you register, with Companies House directing the company to change its name — so a lucky pass on day one is not a permanent result. (Check gov.uk for how long that objection window runs.)
Separately, "sensitive" words and expressions — those suggesting official status or particular standing — need approval before they can appear in your name at all.
Does registering the name give me any rights in it?
Almost none — this is the misunderstanding that catches founders. Registering a company name gives you no trademark rights whatsoever.
A company name is an entry on a register: it identifies a legal person, the way your passport identifies you. A trademark is a property right in a brand — the thing that lets you stop others using a confusingly similar name for similar goods or services.
So registration stops someone else registering the same company name, and nothing more. It does not give you a brand, and it does not protect you from someone who already has one.
What can still go wrong even after Companies House says yes?
Two claims matter. If someone holds a registered trademark and your name is confusingly similar to it for similar goods or services, they can sue for trademark infringement — the usual endgame is an enforced rebrand, potentially with damages.
Passing off protects unregistered brands. A business with goodwill in a name can sue if your name misrepresents a connection with them and causes damage — no trademark required, just an established reputation you are treading on.
Both claims live entirely outside Companies House. The register being clear tells you nothing about either — which is why the search that matters most is the one founders skip.
What is the Company Names Tribunal?
A specialist tribunal that handles opportunistic registrations — company names registered to trade off someone else's goodwill or to extract payment for handing the name over. The classic case is registering a name matching a known brand and waiting to be bought out.
If a complaint succeeds, the tribunal can order the name to be changed. For founders the lesson runs both ways: it is your remedy if someone squats on your brand as a company name — and the reason registering something close to a famous name is a plan with a short shelf life.
It does not resolve ordinary "our names are a bit similar" disputes: those stay with trademark law and passing off in the courts.
How do I clear a name properly before committing?
Run three searches before you fall in love with anything. First, the Companies House register, for identical and near-identical names — the quick, obvious check.
Second, and most important, the UK trademark register kept by the Intellectual Property Office: search for your name and close variants in the classes covering what you will actually sell. A clash there is a rebrand waiting to happen.
Third, the real world — a search engine, domains and the app stores — for unregistered businesses with goodwill in the name. If all three come back clean, consider filing your own trademark so the next founder's search finds you.
| Layer of risk | Who decides | Worst case for you |
|---|---|---|
| Identical or "too like" name | Companies House | Registration refused, or a direction to change the name |
| Sensitive words | Companies House | Name blocked until approval is obtained |
| Opportunistic registration | Company Names Tribunal | Ordered to change the name |
| Registered trademark clash | The mark owner, via the courts | Forced rebrand, potentially with damages |
| Passing off | A business with existing goodwill | Forced rebrand, potentially with damages |
Worked example
Elliot and Mei register Portside Coffee Ltd for their coffee-subscription startup. The Companies House search showed nothing identical, the name went through, and they spent £1,200 on packaging and £300 on signage — £1,500 of brand build.
Two months after launch, a letter before action arrives from Portside Roasters Ltd, six years trading with a registered UK trademark for PORTSIDE in coffee. Companies House acceptance is no defence to trademark infringement; their solicitor's advice is to settle and rebrand.
They relaunch as Quaymark Coffee Ltd — this time after searching the trademark register — and file their own trademark application. The ten-minute search they skipped would have cost nothing; skipping it cost £1,500 and three weeks of momentum.
Where founders go wrong
Treating Companies House acceptance as legal clearance.
It only checks the companies register — not trademarks, not anyone's goodwill.Searching companies but never trademarks.
The trademark register is where the expensive conflicts live; search it before you commit.Building the brand before checking anything.
An hour of searching beats a four-figure rebrand after launch.Registering a name that leans on a famous brand.
That is precisely what the Company Names Tribunal exists to unwind.
Related questions
Does registering my company name at Companies House protect it?
Only in the narrowest sense: it stops someone else registering an identical or "too like" company name. It gives you no trademark rights, so it does not stop competitors trading under a similar brand — and it gives you no defence if your name infringes someone else's trademark. [More: Do I own my company name by registering it at Companies House?]
Can Companies House make me change my name after it's registered?
Yes. Acceptance at incorporation is not final: a name that is "too like" an existing registered name can be ordered to change after the fact, and the Company Names Tribunal can order a change where a name was registered opportunistically to trade off someone else's goodwill.
What is passing off?
A court claim that protects unregistered brands. The claimant must show goodwill in their name, a misrepresentation — your name leading customers to believe you are them or connected to them — and damage. It works even where no trademark was ever registered, which is why a clear companies register is not clearance.
Should I trademark my startup name?
If the brand matters to your plans, yes — a registered trademark is the property right a company registration never gives you. It turns "please stop" letters into enforceable rights and makes investors' brand due diligence painless. Search the UK trademark register before you commit to the name at all. [More: How do I trademark my startup name in the UK?]
Name disputes are miserable precisely because they arrive after the website, the packaging and the pitch deck — when changing course is at its most expensive. A SuLe solicitor can clear your name across the registers that actually matter and protect it properly before you build on it. Book a free 15-minute consultation about your setup before the brand goes to print.
Keep reading: What legal documents does a UK startup actually need? · What address can I use as my registered office? · What is a confirmation statement and when do I file it? · Can I be the sole director and shareholder of my startup? · Should I file a trademark before or after launch?
Primary sources: GOV.UK — Set up a private limited company · Companies Act 2006
