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Choosing a sole trader name for your business

December 2, 2021This article was updated 15th February 2023.There's a lot at stake when it comes to naming your new sole trader business. Not only do you need to capture your brand's essence in a few words or letters, but the decision you make can be the difference between a flourishing business and a floundering one.

However, if done well, having a company name can prove beneficial for businesses looking to get their name (literally) on the map. Whether its quirkiness sets you apart from your competition, or its simplicity makes your startup easy to remember, the name you choose can shape the way your business is perceived from the get-go.So, what's in a name? In this article, we'll unpack what it takes to pick the perfect sole trader name, from the different ways you could approach the brainstorming process, to the legal implications that come with trademarking and preserving your business brand.

A step-by-step guide to choosing a sole trader name

It's not like you can pluck the perfect company name from a hat — finding the right business name not only needs to suit your business and complement your brand, but also needs to keep within the parameters of the law.If you're not sure where to begin, or if you've been staring at a blank whiteboard for the past hour, we've created a step-by-step guide to picking a sole trader business name to help you get the creative juices flowing.

Business names and legislation

Include 'limited', 'LTD', 'limited liability partnership', 'LLP', 'public limited company' or 'PLC'Be offensiveBe the same as an existing trademarkContain a 'sensitive word' without prior permission from relevant authorities

Brainstorming

Start out simple

Sometimes the simplest options are the best ones. Whether it's using your own name or a word that pinpoints what you're selling, you can add a personal touch to your sole trader name without having to think too much about it.However, while simplicity can offer safety, there's the chance that your business will blend into the background. If you want to stand out, you'll need to be bold.

Shake up your spelling

If you're looking for your sole trader business name to be simple with a twist, you might want to consider changing up the spelling.Playing with the way words sound and swapping letters for similar sounding ones is one easy way to do this, or you could alternatively opt for a malapropism — a word or phrase that is incorrectly (although in your brand's case, intentionally) used in place of a similar sounding one. Just make sure that your spelling isn't too outlandish, as customers searching for your product or service online may struggle to find you.

Pick a portmanteau

Adopting a portmanteau is one surefire way to stand out from the crowd, but you'll want to make sure you stand out for the right reasons. Coming up with a clunky sole trader name could make your business difficult to remember, and completely unfamiliar words won't immediately convey what it is that your business does.If you do opt for a creative business name, make sure that you're crystal clear about what you do in promotional and other marketing materials.

Test, test, test!

Perhaps the most important part of the process, make sure you test everything about your sole trader business name: how it sounds, how it looks and what it looks like in a domain name. Even the most well thought-out names can have their pitfalls, and if you're in too deep you might find it hard to spot blindingly obvious issues.To avoid this, list out every possible place you could expect to find your name — on social media, in your domain name, in advertising — and check with family and friends to make sure your business doesn't give off the wrong first impression. No one wants to be the next Pen Island.

Check your sole trader name is available

After all of that, the last thing you want is to go to register your chosen name, only to find that it's already been taken. When you're narrowing down your selection, a good rule of thumb is to check each name against the registered names on Companies House, as well as looking up your preferred domain name on a site such as Shopify to make sure it's available.

Trademarking your sole trader business name

Trademarking your sole trader name not only means that your chosen name is unique to your business alone, but also means you can sell and license your brand should you choose to do so further down the line. While this step isn't mandatory, it's recommended if you want to avoid having your sole trader name used by other businesses.To trademark your chosen sole trader business name, you'll need to follow these 3 steps:

Check your sole trader business name fits the registration criteriaSubmit your application to HMRCRespond to oppositions

Check your sole trader business name fits the registration criteria

Much like the process of choosing a sole trader name in the first place, you'll want to make sure that your trade mark abides by the rules set by HMRC.The first step is to make sure that your trade mark has not already been registered by someone else, or that an application for a similar or identical trademark has not already been made.To do this, you'll need to check the EU trade marks register on the European Union Intellectual Property Office website for any EU applications that were 'pending' on 1st January 2021, as these will take priority.If your chosen trademark is available, you can apply to trademark any part of your business brand, including words, sounds, logos and colours, but it's important to check beforehand that these are unique to your business and have not already been trademarked by someone else.You must also make sure your trademark is not:

OffensiveMisleadingA 3D shape associated with your trademarkToo common or non-distinctiveDescribing the goods or services it will relate to — for example, you cannot trademark the word 'cotton' if you're starting a cotton textile companyToo similar to state symbols such as flags or hallmarks, based on World Intellectual Property Organisation guidelines

You can apply for up to six versions of your trade mark, but all your marks must look, sound and mean the same thing, with any differences between versions being kept to the minimum.

Sending off your application

If you want to be certain your application meets the rules of registration, you can use the 'Right Start' service, where your trademark will be examined for half of the total application fee upfront. This gives you a chance to consider any potential obstacles you may face in your application before proceeding.The fees for registering are outlined below:

	Fee	Each additional class
Standard application (online)	£170	£50
Right start application	£200 (£100 upfront plus £100 if you want to go ahead with your registration)	£50 (£25 upfront plus £25 if you go ahead with your registration)
Standard application (post)	£200	£50

Once you've submitted your application, you'll receive an examination report within 8 weeks. If there are any issues, you'll have 2 months to resolve them, otherwise your application will be published in the trademarks journal for 2 months, where it'll be open to opposition.

Responding to oppositions

In the instance that someone does oppose your trademark application, you can proceed in one of 3 ways:

Withdrawing your applicationTalking to the oppositionDefending your application

Keep in mind that you cannot register the trademark until the matter is settled, and if you decide to defend your application to may have to pay legal costs.Once you've successfully secured your trademark, you must report any changes to your name, address or email address, and will have ownership of this trademark for 10 years. After this time, you'll need to renew your application to prevent other people from using it.