Choosing a company name can feel like the finish line, but registration at Companies House is not the same as owning exclusive brand rights. Another business may still use a similar name, and an existing trade mark could restrict how you trade. Founders should therefore consider protection before investing heavily in packaging, signage, advertising or a website launch.
A UK trade mark can protect a name, logo, slogan or other distinctive brand sign for specified goods and services. Applications are made to the UK Intellectual Property Office, usually called the IPO. The process is manageable for many straightforward brands, but the wording of the mark and the classes selected determine how useful the final registration will be.
What trademarking a business name protects
A registered company name, domain name and trade mark serve different purposes. Companies House applies company-naming rules, but registration does not automatically give broad rights to stop similar brands. A domain registration only reserves that web address. A trade mark gives enforceable rights in the registered sign for the goods and services listed in the registration.
Imagine a new skincare company called Northmere. Registering Northmere Ltd and buying northmere.co.uk would not prove that the founder can safely sell cosmetics under that name. A search might reveal an earlier NORTHMERE trade mark covering beauty products, creating a risk of opposition, rebranding or legal action.
Check whether the name is suitable
Before starting a UK trademark application, search the IPO database for identical and similar marks. Check alternative spellings, joined or separated words, phonetic similarities and marks that create a similar overall impression. Results must also be considered alongside the relevant goods and services, because similar names may sometimes coexist in unrelated commercial areas.
The name must be distinctive. A phrase such as “London Plumbing Services” would be difficult to monopolise for plumbing services because competitors may legitimately need those words. Invented terms, unusual combinations and names that do not directly describe the product are usually stronger. The IPO can also refuse marks that are misleading, offensive or otherwise prohibited.
Create a shortlist of two or three names and search each one before choosing the final brand. This reduces the risk of committing to a name that cannot be protected.
Decide what form of the mark to file
A business can apply for a word mark, a logo mark or both. A word mark protects the wording without tying it to one visual design, while a logo application protects the specific graphical presentation filed.
Where budget permits, a growing company may register the plain business name and its main logo separately. The owner named on the application should also be chosen carefully. It may be an individual or a company, but it should be the person or entity intended to own and control the brand rights.
Choose the correct classes and terms
Trade marks use an international classification system containing 45 classes. Classes 1 to 34 cover goods, while classes 35 to 45 cover services. Protection depends on the classes and specific terms included, not simply on the name itself.
A clothing brand may need class 25, while online retail services may involve class 35. A software company might require class 9 for downloadable software and class 42 for software services. Selecting every class “just in case” increases the trademark cost UK applicants pay and may create weak protection where there is no genuine intention to use the mark.
Plan realistically for the next five years. New goods or services cannot be added after filing, although the scope can be narrowed. Use the IPO class-search service or seek advice from a registered trade mark attorney when classification is unclear.
Submit the IPO trademark application
The standard online application currently costs £205 for one class, with £60 for each additional class. A paper application costs £250 for one class, plus £60 per additional class. Online filing is therefore the usual option for straightforward applications.
The Right Start service allows an applicant to pay £125 initially, plus £30 for each additional class, for an examination before committing to the full amount. The same amounts are paid again to continue. It can reduce the initial financial commitment when registrability is uncertain, although it does not remove the risk of opposition.
The application requires the mark, the intended owner’s details, and the chosen classes and terms. Application information becomes public, so anyone concerned about publishing a home address should consider a suitable business or professional address for service.
What happens after filing
The IPO normally sends an examination report within about two to three weeks. It checks whether the mark meets registration rules and searches for earlier identical or similar marks. If objections are raised, the applicant generally has two months to respond or make permitted amendments.
Once accepted, the application is published in the online Trade Marks Journal for a two-month opposition period. A potential opponent can extend that window to three months by giving notice. If nobody opposes, registration usually follows around two weeks after the opposition period ends. A smooth application may therefore complete in roughly three months, while objections or opposition can add significant time.
Use and maintain the registration
A registered trade mark lasts for 10 years and can be renewed every 10 years. Keep ownership and contact details current, monitor the market for confusingly similar brands, and retain evidence of genuine use. A registration can become vulnerable if the mark is not genuinely used for the protected goods or services.
Use the ® symbol only after registration. Before then, businesses commonly use TM to show that they claim the sign as a trade mark, although TM does not prove registered rights.
Natural related reading includes choosing a business name, how to register a limited company, and building a brand identity.
Frequently asked questions
Can I trademark a business name before forming a company?
Yes. An individual can apply and later transfer the trade mark to a company, although the ownership change should be formally recorded. Filing in the company’s name may be simpler when incorporation is imminent.
Does Companies House registration protect my business name?
Not in the same way. Companies House registration concerns company names, while a trade mark can provide exclusive rights for specified goods and services.
Can two UK businesses use the same name?
Sometimes. The answer depends on company-name rules, registered trade marks, unregistered goodwill and the goods or services involved. Similar names in unrelated sectors may coexist, but a proper clearance search is essential.
Do I need a solicitor to apply?
No. Many applicants file directly with the IPO. Professional advice is sensible when the name resembles an earlier mark, the classification is complex, international protection is planned or an objection or opposition arises.
Protect the name before it becomes expensive to change
The best time to protect a business name is before the brand accumulates avoidable risk. Search thoroughly, choose a distinctive mark, identify the correct owner and select precise classes that match the company’s real plans. A careful application gives founders a stronger legal foundation for marketing, licensing and growth—and is usually far less disruptive than rebuilding a brand after launch.