Guidance

Use of university, polytechnic and higher education in business and company names (other than for university and university college title)

Published 13 January 2021

Applies to England

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This publication is available at https://www.gov.uk/government/publications/use-of-university-in-business-and-company-names/use-of-university-polytechnic-and-higher-education-in-business-and-company-names-other-than-for-university-and-university-college-title

Use of sensitive words

Use of sensitive words in registered company names and business names

1. This note applies both to registered company names and to business names. With regard to registered business names, even if there is no registered company, or your registered company name does not contain a sensitive word such as university, if your business name includes the word university, for example, then you need to obtain permission to use the word university before you use it.

2. You should be aware of the right to challenge through the company names tribunal if a name is confusing or misleading.

Other uses of sensitive words

3. This note is specifically concerned with the use of the sensitive words such as university in your company or business name. The regulations may not apply if you make use of this word in another way. For example in a strapline, connected to a branding campaign; ‘xyz College – the People’s University’ or in online material. However you should be aware that other more general consumer protection laws may apply. For example, it may constitute an offence under the Consumer Protection from Unfair Trading Regulations or, in the case of the Office for Students (OfS) registered providers, may breach OfS registration condition C1. If you are considering using the word university in this way you should seek relevant advice from the Department for Education (DfE), OfS, the Competition and Markets Authority (CMA) or the local authority trading standards office before doing so.

4. This note is separate to the:

Obtaining permission to use the sensitive word university

5. If your registered company, business or trading name includes the word university, you must provide Companies House with a statement that you have sought permission from DfE to use these words and you must provide a copy of the response from DfE which will be in the form of a letter of non-objection.

6. Although there is no register of business or trading names, you still need permission to use a sensitive word in your business or trading name. It is an offence to carry on a business in England under a name which includes the word university without the approval as set out above. Therefore, if you wish to carry on your business under a name that includes the word university you would still need to obtain a letter of non-objection from DfE and send this to Companies House, even where there is no registered company.

7. In seeking the views of DfE you will need to submit:

  • the full name being proposed
  • confirmation of the nature and objectives of the body proposing the name
  • one of the following:
    • written evidence that the body in England proposing the name has a clear and demonstrable connection to one or more English universities with degree awarding powers and registered with the OfS
    • evidence that you are a higher education provider which has been awarded, or in the process of being awarded university title by the OfS and then wishes to register as a company or trade as a business using the sensitive word university in your registered name
    • in the case of a body in England not connected to a recognised UK university, justification for use of the word university
    • in the case of an overseas applicant, evidence that the body proposing the name has the support and consent of a university that is accredited or recognised by the authorities in its country of origin – if you are not owned, or endorsed, by a state accredited or recognised university, you need to provide justification for use of the word university

8. On receipt of this information, we will consider a range of factors to determine whether the proposed name is acceptable or not. More detail on the issues that might need to be taken into consideration is available in the common issues for consideration upon receipt of a request section. However, the overarching consideration for DfE is to protect the reputation of the higher education sector in England by ensuring that any use of the words university, higher education and polytechnic is appropriate and is not likely to be misleading or confusing to the wider public.

9. Any non-objection letter issued will only be in respect of the name applied for. Any other registered company name or business name connected to this venture which also includes the word university would need separate permission from DfE.

10. Applications for use of the word university in England should be emailed to the Higher Education Governance team, [email protected].

11. If we issue a non-objection letter, the formal decision to approve the proposed name is then taken by the Registrar of Companies, on behalf of the Secretary of State for Business, Energy and Industrial Strategy. If we do not issue a non-objection letter then you should choose an alternative name for your company or business, or face possible prosecution for using a name without Secretary of State approval.

Common issues for consideration upon receipt of a request

Requests from education providers in England

12. The majority of applications to use the word university come from organisations with a connection to higher education in England. Your application should be straightforward with a letter of support from the related university if you are:

  • a university registered with the OfS
  • an associate seeking to set up a company to carry out a related activity such as a student union or international college, a services company or some other subsidiary activity

Newly registering universities will need to secure a non-objection letter if they want to register as a company with Companies House.

13. If you are not a university registered with the OfS, you will need to provide convincing justification as to why the use of the word university is appropriate. Usually the justification will be based on a partnership of some kind that you have with a university, for example a further education college that has a partnership with a university and is seeking to brand your higher education provision as a university centre. For such applicants there are a number of factors we will need clarification on, including:

  • is the name confusing, misleading or offensive
  • would the name suggest that the institution is better than others
  • does the name suggest that the institution serves a wider or different geographical area than it actually does
  • is the name the same as, or too similar to, that of another college or other educational organisation
  • does the name give a false impression of the type of education that is offered
  • are you delivering some degrees
  • has the validating university consented to the use of the name
  • does the name ensure that the word university is separated from the location, for example, ‘Southwark College University Centre’ rather than ‘Southwark University Centre’ to avoid giving the impression of being a university
  • could the name mislead the public into believing the new entity will be, or is, a university – you must not:
    • make any suggestion that the name is evidence of a quality mark or that the name indicates that the applicant is better than others
    • use a name other than that which was approved (including an abbreviated version)
    • infer in any way that the applicant is an English university with degree awarding powers where this is not the case

14. We may need you to provide assurance that, for example, any marketing activity concerning the organisation will make clear the nature of any educational offer. It may be necessary to make clear that any non-objection granted is dependent on the continuing existence of the relationship between the applicant organisation and its university partner. Where non-objection has been granted, and any circumstance changes that affect any of the bases for non-objection set out within this note, then DfE, along with Companies House, may take action to remove the formal non-objection originally granted.

15. In addition, the DfE may seek views from the OfS on any application from an education provider.

16. The procedure set out in this technical note is in addition to any other processes you may be required to undertake when seeking to change your name. This is particularly relevant to further education institutions.

Applications for use of university alongside other words including campus or centre

17. Applications to use the word university alongside other words such as campus, centre, academy or teaching centre will, as a general rule, be considered in accordance with the paragraphs below, as well as in accordance with the considerations set out above. Requests to use the word university alongside another word or phrase will also be considered in accordance with the criteria and principles set out in this technical note.

18. For the use of university campus or university centre applications would normally be expected to be from a:

  • constituent campus or centre which forms part of an existing, and OfS registered university
  • registered higher education provider as part of a venture by an OfS registered university or universities to deliver higher education in a separate campus or centre rather than at the universities themselves – this would normally be aimed at making the universities’ programmes available to students in the students’ local area

19. For the use of university centre only, you will be expected to be a registered higher education provider delivering higher education course including some provision being awarded through partnership with a university or universities, with support for the use of the term from the universities concerned.

Applications for use of university academy

20. The term academy is now used in the context of academy schools being state-funded schools for children in England which are directly funded by DfE and independent of local authority control. It is likely that applications for use of the term university academy would only meet with approval where you demonstrate it would be within the context of an academy for children being supported or sponsored by a university.

Applications for university teaching centre

21. This is normally a constituent centre of a particular university involved in teaching support for its staff or teaching languages for its students.

Applications for university technical college

22. This is a term for a type of academy school which principally provides technically-orientated secondary education for 14 to 19 year olds, and is sponsored by a university and employers. It provides technical education and helps progression to higher levels of study, or jobs in fields such as engineering, construction and manufacturing. Baker Dearing Educational Trust hold the licence for the use of the term so they would need to agree to its use.

Applications for university technology centre

23. This is normally a partnership between research arms of a university and specialist parts of a particular business or industry sector such as motor engineering.

Requests from overseas universities

24. A number of legitimate universities based overseas operate in England. These institutions do not have UK degree awarding powers but offer their own country’s programmes and awards. If you operate in England and want to use the sensitive word university in a company, business or trading name, the same rules apply as to any other body. In this situation what we require, and will verify through ENIC-NARIC or the education department of your home country government, is independent verification that you are a legitimate degree awarding body and university in your home country. You may also need to make clear in any marketing activity that the awards you offer are not provided by higher education providers registered with OfS as having degree awarding powers, and that you are not an English university. The name proposed should include the full name of your home country. You should avoid geographical terms that might be confusing as these will prevent a non-objection letter being issued. Misleading or confusing names will not be approved.

Requests from other organisations operating in the education sector

25. Organisations that are most likely to obtain a non-objection letter will be businesses, companies or schools either conducted, owned or sponsored by a university. Others may be businesses or companies that support or have an established connection to individual universities, for example university press or university bookshop. Misleading or confusing names will not be approved.

Requests from organisations not connected with the education sector

26. On occasions, we receive requests from businesses or companies that have a history of using a name which features the word university, for example university dental practice or university arms (for a public house), but which will not be universities in themselves, or offering educational services in connection with a university. We will consider such applications on a case-by-case basis to establish whether use of the word university is appropriate and not misleading. Your application is more likely to succeed where:

  • there is a historical reason for use of the word university
  • your organisation has made clear that its nature and object is not that of a university, will continue to do so, and where there is no realistic prospect of the public being misled or confused by such a name

Polytechnic

27. The word polytechnic is a historic generic term and no longer actively used in the English higher education sector. So, whilst polytechnic remains a prescribed word under the regulations, it is government policy to not approve its use in relation to a provider’s name or activities.

Higher education

28. The term higher education, while not a sensitive expression under the regulations, still requires permission for its use in any registered company, business or trading name. Permission to use this term may be given provided the name does not imply a connection with a government department, a devolved administration, a local or specified public authority or a relevant body. Applications will stand a better chance of success where the name in question gives a clear indication of the purpose of the business. We would generally expect applications to be from OfS registered higher education providers or from listed bodies delivering higher education through a validation or other agreement with a registered English higher education provider with degree awarding powers.

Company and business names in the devolved administrations

29. Applicant organisations seeking to register a company name or use a business name in Northern Ireland, Scotland or Wales which includes the words polytechnic or university should refer to the Companies House Incorporation and names guidance, Annex A: Sensitive words and expressions specified in regulations that require the prior approval of the Secretary of State to use in a company or business name.

30. Applicant organisations seeking to register a company name or use a business name in Northern Ireland, Scotland, or Wales which includes the word higher education should refer to the Companies House Incorporation and names guidance, Annex B: Words and expressions which, when used in a company or business name, could imply a connection with a government department, a devolved administration or a local or specified public authority.

Further information

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