What is a business name? Is it necessary to have one? How can I change it?

A business name in Hong Kong is like a nickname of your company. It is the name by which your business is known to the public. It is used for promotional and advertising purposes.

A business name can be different from the name of your company or the individual who owns the business. In this article you will understand the (a) difference between business name, company name, trademark and domain name; (b) the process for registering a business name; and (c) the process for changing a business name.

Difference between business name, company name, trademark and domain name

A business name is a name a business goes by in operation for better promotion and identification to its customers. It should not be confused with company name, trademark and domain name.

• The company name is the legal entity’s name.  A business name can be the same as the company’s legal name, but it is not necessarily so. Company name must be in accordance with the Guideline on Registration of Company Names for Hong Kong Companies and should be registered with the Company Registry.
• A trade mark is a type of intellectual property and consists of a mark (i.e. a sign, expression or design) that can distinguish the products and/or services from others of its kind. It has to be registered with the Trade Marks Registry under the Intellectual Property Department.
• A domain name is an address that can be typed into the URL bar to direct the users to a designated website. Registration of a domain name has to be applied to a domain name registrar. You can find the list of domain registrars on the Hong Kong Internet Registration Corporation Limited’s website.

Therefore, even if you have registered a business name you do not have the right to use it as company name or trademark or domain name as all of them are required to be registered separately. Importantly, if you are coming with a new name for your business, registering it with the IRD does not mean you are immune from trade mark infringement. And your intended business may be identical or similar to existing company names, business names, trade marks and/or domain names, so the uniqueness of your business name is undermined. Therefore, it is advisable to do company name searches on the Cyber Search Centre or the Company Search Mobile Service, trade mark searches and domain name searches before deciding your business name.

How do I register a business name?

You can choose to have a business name in Chinese only, English only or bilingual (i.e. both in Chinese and English). It can be registered at the time of registration of the business itself.  To understand the process of business registration, see the FAQ on business registration

There are certain restriction on choosing your business name such as:

1. should not suggests a connection with the Government or any public body if such a connection does not exist;
2. Using the term “Ltd” incorporating when the business is incorporated with limited liability.

Check here for guidelines on the Business Name Registration.

Changing a trade / business name

If you have changed your business name, you will have to notify the IRD with form IRC 3110A within a month after such change is made.

All companies and limited partnership funds incorporated under the one-stop company and business registration service are required to notify the Commissioner in writing of any change of the business name within one month of the change.

Key takeaway

• A business name is the nickname of your company and used for promotional, sale and advertising purposes.
• Business name can be registered at the time of registration of business itself.
• Change of business name must be notified by filing the relevant forms.

Bibliography

1. Intellectual Property Department: “Setting up IP businesses: Registering a business name”: https://www.ip.gov.hk/en/registering-a-business-name.html
2. Intellectual Property Department: “Do you Know the Differences among Company Registration, Business Registration and Trademark Registration?”: https://www.ipd.gov.hk/eng/trademarks/registration/differences.htm
3. Inland Revenue Department, “‘Business’ Required to be Registered and Application for Business Registration”: https://www.ird.gov.hk/eng/tax/bre_cbp.htm#a2
4. Inland Revenue Department, “Notification of Change of Business Registration Particulars”: https://www.ird.gov.hk/eng/tax/bre_cbp.htm
5. Inland Revenue Department, “Q & A for One-stop Company and Business Registration and One-stop Notification of Change of Company Particulars”: https://www.ird.gov.hk/eng/faq/osbrq.htm

‍