Starting a business in Jamaica is an exciting journey, and one of the first major steps is choosing the right name. Your company name is more than just a label, it’s a part of your brand identity.

In Jamaica, there are various legal considerations that every entrepreneur should keep in mind when selecting a company name.

Uniqueness: The company name cannot be identical to the name of a company/business already existing at the Companies Office Registry. This can be viewed at https://www.orcjamaica.com/Default.aspx.

Avoid Confusion: The company name cannot be similar or too close to the name of a company/business previously registered and is likely to cause confusion in the marketplace.

Avoid Misleading: The name should not use words that imply Government affiliation, unlawful activity, or professional designations unless you are licensed to use them. For example, the use of words such as accountant or bank in the company name will require proof of certification from the Public Accountancy Board or the Bank of Jamaica.

Avoid Trademark Infringements: The company’s name cannot in whole or in part infringe a registered trademark.

End with the word Limited: The company name must end with the word “Limited”. A company formed for promoting commerce, art, science, religion, charity or any other useful object and intends to apply its profits, if any, or other income in promoting its objects may apply to the minister of industry, investment and commerce for a licence to omit the word ‘Limited’ from the end of the name of the company.

Even if the above considerations are adhered to, the registrar, if in her opinion considers the name undesirable, will not register the company using the name. This may also be due to the fact that the name is considered offensive, outrages public decency and morality, connotes an undertaking that is scandalous, obscene and immoral or contravenes the Government’s policy on security.

If your proposed name is similar to an existing registered name, you may submit a letter of consent from the directors of the existing company or owner of the existing business name to the registrar. However, even with consent, approval of your desired name remains at the registrar’s discretion.

Prior to incorporating your company, you should always conduct a name search at the Companies Office of Jamaica (COJ) in order to check the availability of your desired name. If the COJ confirms that the name is available, you are able to reserve the name for a period of up to 90 days. In this time, you can prepare the necessary incorporation documents such as the business registration form, the articles of incorporation and the applicable beneficial ownership return form.

Changing the Company’s Name

Once you have incorporated your company and have started operating, you still have the option to rebrand and change the company’s name. Just like registering a new company, the first step is to check the availability of the new name and reserve the new name at the COJ. The new name must meet the same criteria as previously discussed.

This requires the shareholders of the company to pass a special resolution and the company must also obtain the approval of the registrar. Once the name change has been approved, the registrar will have the new name entered on the Register of Companies and the company will be issued a new certificate of incorporation on change of name reflecting the new name. The company is also required to cause notice of the change of name to be published in the Gazette and in a daily newspaper within 30 days of the registrar’s approval of the name change.

Choosing a company name in Jamaica isn’t just a formality, it’s a strategic decision that can influence your business’s growth and reputation. Take the time to research, be creative, and ensure compliance with local laws. With the right name, your business can stand out in Jamaica’s dynamic and competitive marketplace.

Rachel Poole is an associate at Myers, Fletcher & Gordon and is a member of the firm’s Commercial Department. She may be contacted at Rachel.poole@mfg.com.jm or through the firm’s website www.myersfletcher.com. This article is for general information purposes only and does not constitute legal advice.