Business-and-Company-Names

							BUSINESS AND COMPANY NAMES Frequently Asked Questions
Q1 A1 What is the difference between a company name and a business name? A company name is the registered name of a limited company, such as “XYZ Limited”. A company name must be registered with Companies House (see section 2(1)(a) of the Companies Act 1985). Not all businesses are companies and those that are companies may chose to trade under a different name from their registered name. A business name is the name under which the business trades. Except for registered company names and partnerships or sole traders who use their surnames as the business name, business names are governed by the Business Names Act 1985. This Act applies to any person who has a place of business in Great Britain and who carries on business in Great Britain. If you have a question about corporate dentistry generally, please call: Customer Enquiries Team on 020 7887 3800 Or Email: gdcregistration@gdc-uk.org Q2 A2 What role does the GDC have in relation to company and business names? The words “dental” and “dentistry” are restricted words under the Company and Business Names Regulations 1981. This means that anyone wanting to use these words as part of a company or business name must:   obtain a letter of non-objection from the GDC obtain approval from the Secretary of State (Companies House)

Note: The titles “dentist”, “dental surgeon” and “dental practitioner” are covered separately under section 39 of the Dentists Act 1984, which says that no one can use these titles unless they are registered dentists or a visiting EEA practitioner entered in the list of such practitioners. To obtain a letter of non-objection from the GDC please email us stating the proposed business name and business activity to: businessnames@gdc-uk.org It would help us process your enquiry faster if you included the following information:
   

Proposed business/company name Business activity, eg. dental suppliers, dental practice, dental laboratory Full postal address Your full name and (if registered with the GDC) your registration number.

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Q3 A3

On what basis would the GDC object to the words dental or dentistry in a company or business name? The GDC is concerned not to let the name of the company mislead people as to the nature of the company’s business. The GDC’s policy is that a name involving the words dental or dentistry should clearly indicate the nature of the services to be provided. For example, a company requests the non-objection of the GDC to the name Acme Dental Services Limited. The GDC would object to this because it does not make it clear whether it provides dental treatment or not. We would suggest alternative names that would clearly indicate the nature of the services to be provided. For example, if this business was a dental practice, we would recommend the name Acme Dental Practice Limited, or if it was a company providing training to members of the dental team, we would suggest an alternative name that would clearly indicate the nature of the services to be provided, for example, Acme Dental Training Services Limited. Where the nature of the services to be provided is clear from the name of the company, we would not object.

Q4 A4

Do we have to check whether the name being applied for is already in use? No. It is not the GDC’s role to check whether another company or business has the same name. Our concern is confined to whether the name will mislead. We can still give a letter of non-objection for a name that has been used before. Companies House will not allow a company name that is the same or very similar to another. Companies House also deals with business names on behalf of the Secretary of State. For business names, more than one business can have the same name as long as it doesn’t cause confusion.

Q5 A5

How should people wishing to use dental or dentistry in a company or business name apply to us? The Companies Act 1985 and the Business Names Act 1985 both require that requests for letters of non-objection must be in writing. Therefore, we must receive a request in writing, which can be emailed to us, before we can do anything. The request should indicate the proposed name and the nature of the business. See A2. Do we have standard response letters? Yes. We have two standard letters:   Non-objection letter for a business or company name Objection letter for a business or company name

Q6 A6

These are sometimes modified depending on the circumstances We warn applicants that their business/company name has to be approved by the Secretary of State via Companies House, because otherwise someone may think that they can use the name once they have a non-objection letter from us (which isn’t the case).

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Q7 A7

What about domain names? A domain name is an Internet address name. For example, the GDC’s domain name is gdc-uk.org. In some circumstances, the use of a domain name may be a business name for the purpose of the Business Names Act 1985. If so, then the GDC will have to issue a letter of non-objection before a domain name containing the words dental or dentistry can be used. Under what circumstances will a domain name be a business name? The Business Names Act 1985 applies to a person who has a place of business in Great Britain and who carries on business in Great Britain. If a domain name satisfies these criteria, then it may well be a business name (although see the notes below as to cases where it probably won’t be). (a) The place of business requirement will be a question of fact and can be ascertained by evidence that:    business can be transacted through the website the business is aimed at customers in Great Britain a level of business is actually conducted by customers in Great Britain

Q8 A8

(b) The carrying on business in Great Britain requirement may be proved by evidence that:    transactions are conducted through the website the domain name is used as a mark of identification the domain name serves as advertising for the business

The domain name probably won’t be a business name if:    the website simply involves a passive provision of information it is the access point for a business being carried on under a different name it used its registered company name as its domain name. The name would have had to be approved in the process of being registered

Q9 A9

How do we deal with a domain name request? (a) Consider the request (b) Decide whether or not the GDC objects to the proposed domain name (c) Communicate the decision to the applicant (in the form of a letter of nonobjection if appropriate) but always indicating that:    The GDC’s involvement only arises within the terms of the Business Names Act 1985 and is dealt with in the same way Approval for the use of the business name must (if it falls within the Business Names Act 1985) be sought from the Secretary of State The letter of non-objection should not be taken as approval to use the domain name as a business name

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Q10 A10

What if my business name does not include the words “dental or “Dentistry”? Do I need a letter of non-objection? No. You do not need a letter of non-objection from the General Dental Council if your business/company name does not include the words “Dental” or “Dentistry”.

April 2007

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