If you are already using a business name then, generally, the only way in which you can protect that name is to register it as a trademark. Many people assume that by simply registering a company name with Companies House (through the formation of a company) or registering a domain name with a registrar (through the formation of a domain name) that will be sufficient protection. Unfortunately, it is not enough.
You can only obtain legal exclusivity through registration of your trademark. If you choose not to protect your trademarks (which can include company names and domain names) by registration you run the risk that someone else will register the name. If this happens all of your hard work in establishing a brand and goodwill may be diminished (or even lost entirely).
Similarly, your name may already belong to someone else (as a registered trademark) without you knowing it. If that is the case then you will run the risk of generating goodwill in a trademark that you do not even own. Have you ever checked to see whether you are infringing an existing registered trademark? The last thing you would want is to be sued for trademark infringement. Not only could this expose you to unwelcome legal fees and court costs but you might also be saddled with the cost of having to change your company name and rebrand your goods and services.
