Should I register my business name as a trademark?

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.

UK Trademark Registration - Step by Step Guide

We make trademark registration simple and affordable.

Step 1

You submit your details to us together with a description of your intended trademark via the Register Your Trademark link

Step 2

One of our IP team will contact you usually within 3 to 24 (working) hours to discuss your application and provide the necessary advice and cost estimate.

Step 3

In most cases we would advise you to undertake a thorough search against your intended trademark. If you decide to use our Premium Search services for these purposes, then as soon as we have received and confirmed your instructions as correct we will ask you to submit a payment on account to cover our search fees. Once the payment has been received your instructions will be forwarded to one of our IP team for processing. Once we have completed a full and detailed search against your intended mark we will forward a report of our findings to you. This usually takes about 10 working days.

Step 4

Depending upon the outcome of any search report, if you then decide to proceed with our Trademark Registration services, then following receipt of your instructions we will contact you to:

• check and confirm your instructions;
• supply you with a copy of the terms and conditions which will govern our supply of services (and we will ask you to confirm your acceptance of these);
• we will request a payment on account to cover our fees and the registry fees.

Step 5

Upon confirmation of your initial instructions and receipt of your acceptance of our terms and conditions, together with receipt of the payment on account your instructions we will:

• send you a trademark specification sheet setting out the particular classes of goods / services against which you have chosen to register your trademark; and
• once you have confirmed your agreement to the wording of the application the IP team will then prepare and file your application together with the relevant fee at the Trademark Registry.

Step 6

You should expect the Trademark Registry to issue its examination report within approximately 2 months following submission of your application form. We will notify you as soon as we receive this report. The examiner can refuse registration if he considers that your mark is not sufficiently distinctive. However, he will not refuse your mark simply because of an earlier conflicting mark, unless the owner of that mark has successfully opposed your application. If the examiner considers that there may be potential earlier conflicting marks already on the register, you will then have the choice of:

• either continuing with your application as it stands; or
• trying to avoid the potential conflict by restricting the list of goods and services to which your application relates (i.e. limiting the classes); or
• agreeing to withdraw your application.

If you choose to proceed with an application where the examiner has raised the potential of conflicts with earlier marks then the examiner will notify the holders of the earlier marks of this fact and it will be left to the discretion of those notified mark holders (or other third party objectors) as to whether they will oppose your application. This is why undertaking a Premium Search service can be so important.

Step 7

If your mark has not been rejected by the Trademark Registry you can expect it to be published in the Trademark Journal approximately 3 weeks after the examination report has been issued. If the Trademark Registry receives no opposition to your mark within 3 months of the date of publication they will then issue you with a trademark certificate. We will notify you as soon as the certificate is issued.

Is my Trade Mark too descriptive?

Trademarks which describe the goods or services that they're aiming to promote will not be accepted by the Trademark Registry if they do not offer any distinction.


What does this mean?

It means that you cannot claim the rights to a word or phrase which is commonly used to promote goods or services which are similar to your own.

Some examples of trademarks that would typically be rejected by the registry on distinctive grounds would be:-


24hrsAday - Many traders advertise their goods or services as 24 hours a day. This mark would be instantly rejected as it means that the owner of the mark would be able to claim rights over all traders using this common phrase.


MeatyButchers - If you are trading as a butcher, these two words simply the type of goods that you are selling. Joining the two words together to make a new word would not make this mark acceptable.

PHONES direct - 'Direct' describes goods or services sold directly to the public and is widely used by traders. 'Phones' doesn't add any more distinction to the mark as, again, it's describing what the mark is being used to promote.

The one 4 you - Slogans like this are commonly used in trade and are therefore, not distinctive. Using the number ''4'' instead of the word ''for'' does not add more distinction as it sounds the same as the word it represents.


What can I do to make my mark more distinctive?

If you're already using a descriptive mark to promote your goods/services, ways of adding distinction can include:-

• Using ''Made-Up'' words (i.e. words that don't already exist)
• Adding a logo - A well-conceived logo can give your mark added distinction, although note that this will, of course, limit the scope of your protection (i.e. you will be restricted to using the logo to safely promote your goods/services)
• Picking a word that has no relevance to the goods or services you're selling... i.e. ''Doors'' if you're planning to use the mark to promote watches. Doors is a commonly used word, but it isn't related in any way to 'watches'.

Common Misconceptions

The registry may reject words or logos that are unlikely to be conceived as a trademark by the public because they are:-

• Misspelt words such as 'nite' or 'fone'
• In Colour
• In a different typeface or font
• Displayed as an internet domain with ''.com'' or ''.co.uk'', etc.
• Words which are joined together to create a new word such as PHONESHOP
• A combination of any of the above.

Need to check if your mark is too descriptive? Get some free trademark advice today.

Happy that your mark is distinctive enough? Make sure it isn't already registered with our Free Trademark Search facility.

If you've checked both of the above, then you can proceed straight to Trademark Registration.

What is a Trademark?

A trademark is a sign which enables you to distinguish your goods and services from those of other traders for the purposes of promotion. A sign can include words, logos, drawings (pictures) and even a sound or a combination of these things.

Trademarks differ from copyright (which protects artistic or creative works) or patents (which protects inventions). In contrast to the protection offered by copyright and patents, your trademark registration can last as long as you wish, subject to your renewing it every 10 years.

A trademark can often be one of the most valuable assets your business has, particularly where you trade on a reputation or where your goods are marketed under a particular brand.

There are two types of trademarks:

1. An Unregistered Trademark

You can devise and use a trademark without registering it. You can even claim certain rights of ownership over your unregistered trademark but in the event someone else began to use your mark without your permission you would have a potential problem in protecting your ownership.

This is because one of the the difficulties faced by you as an owner of an unregistered mark is that to prevent unauthorised use you would first need to establish that your mark had been used by your organisation as a bona fide trading entity and that it had accrued sufficient goodwill.

2. A Registered Trademark

As a holder of a registered trademark you don't need to establish any of that to protect your mark. The principal advantages of holding a registered trademark are that:

• you will have the right to take legal action against others who use your trademark (or a confusingly similar mark) in relation to the same or similar goods and services as your trademark without your permission
• you can protect your trademark before your product is even put on the market (although you risk having the mark revoked if it is not used for five years);
• there is a presumption that the registration is valid and therefore it offers you greater protection against a claim of trademark infringement (although you should note that the validity is not guaranteed because the validity of a trademark is always open to challenge); and
• registration reduces the possibility of disputes as it confers on the owner increased certainty, because the registration determines the extent of the goods or services to be protected by that particular trademark.

For more information on trademarks or to speak to a trademark specialist, visit our site.