Pair find name game is no piece of cake

James and Martin
James and Martin

A fledgling business that is being forced to change its name says it is finding new government regulations hard to swallow.

James King, who founded the Scottish Cheesecake Company in Falkirk last year, was told he must find a new name for the enterprise because it contains a “sensitive” word.

“Scottish” and “Scotland” can no longer be used in company names unless they are given authorisation by the government or they can prove that they are the best in their field.

“Scotland” is also prohibited even if it’s the owner’s surname.

For James, and his businesses partner Martin Merrilees, it’s an unexpected setback.

James (38) said: “We’ve spent the last year trying to build up the business and make our name known.

“Then, when we wanted to make everything official and register the business at Companies House, we were told that we couldn’t have the word ‘Scottish’ so we’d have to pick another name.

“I think it’s really silly. I picked the name because there was an English Cheesecake Company, and I thought there was a gap in the market here. I also picked it because I’m proud of where I’m from.

“This strict rule only affects businesses less than three years old.”

Companies House said that using “Scottish” or “Scotland” could imply a link to the Scottish Government.

In this case, businesses would need approval from the official body, saying it does not object.

But, if there’s no suggestion of a connection to an official body, the business needs to prove it is “pre-eminent or very substantial in its field” by providing evidence from the trade.

James added: “We’ve had some good suggestions on what the new name can be, so we’ll be carrying on.”