Last reviewed by Jonathan Paton
Registering a company at Companies House, buying the domain or opening a bank account doesn’t give you any rights to the name. A UK trademark does. It gives you the exclusive right to use the name for the goods and services you register, for 10 years at a time, and lets you stop others using the same or a confusingly similar name.
Search your business name free:
At a glance
- Companies House: stops an identical company name being registered. It doesn’t stop anyone trading under it.
- Domain name: stops nobody using the name anywhere else.
- UK trademark: the exclusive right to the name for what you register, enforceable across the UK.
- Official fee: from £205 for one class; more classes cost more.
- Timescale: usually 3 to 4 months if nobody objects.
Why a company name isn’t enough
Companies House only stops a second company registering exactly the same name. It doesn’t check trademarks, and it doesn’t stop:
- anyone trading under your name as a sole trader;
- a company with a slightly different name, such as Ltd instead of Limited, or “&” instead of “and”;
- a business using your name online or on a marketplace.
It also doesn’t protect you from someone else’s trademark. If another business registered the name as a trademark first, your company name can infringe it, even though Companies House accepted it. That’s the situation behind most forced rebrands we see. Read more in what protection does a name on Companies House provide?
A domain name is a contract with a registrar, not a right in the name.
Sole traders and partnerships don’t register their business name anywhere at all. Without a trademark, the only protection is a passing-off claim, which means proving your reputation in court, and that’s slow and expensive.
What a trademark gives you
- The exclusive right to use the name for the goods and services in your registration, across the UK.
- The ® symbol, which warns others off.
- A register entry the IPO checks against, so similar names that clash with yours can be opposed before they’re registered.
- Leverage online: marketplaces and social platforms act on registered trademarks far faster than on company names.
- An asset you can license or sell, and one that investors and buyers look for.
How to trademark your business name: 5 steps
- Check the name is free. Search the UK register for the same and similar names in your area of business. A clash found now costs nothing; a clash found after launch can cost a rebrand. Run a free search.
- Check the name can be registered at all. Names that simply describe what you do, like “Best Plumbing” or “Manchester Accountants”, are usually refused. Distinctive, invented or unexpected names register most easily.
- Choose your classes. Every trademark covers specific goods and services, grouped into 45 classes. Pick the ones for what you sell now and what you’ll realistically sell next. Trademark classes explained.
- Decide who owns it. Your company, or you personally? It matters if the business is sold, or if partners fall out. If your business partner walked, who owns the brand name?
- Apply. The application goes to the UK Intellectual Property Office. It’s examined, published for two months so others can object, and usually registered within 3 to 4 months.
Name, logo or both?
Start with the name as words. A word trademark protects the name in any lettering, colour or design. A logo registration protects that particular design, and changes to the logo can leave it out of date.
If the logo matters too, register it separately. Should you trademark a name and logo separately?
How much does it cost to trademark a business name?
The UK IPO’s fee starts at £205 for one class, and each extra class adds to it. Professional help, which includes checking the name and drafting the goods and services properly, is extra.
After a clearance check you get a specific quote, with the official UKIPO fees and our fixed fees set out clearly. The trademark cost calculator shows the official fees, and UK trademark registration explains how our service works.
What if someone already has my name?
It depends on what they have it for. Two businesses can own the same name if they trade in unrelated areas and customers wouldn’t confuse them. The same name for similar goods or services is the problem.
If the free search shows a clash, don’t panic and don’t launch. A Trademark Clearance Audit and Consultation looks at the register, Companies House, domains, social media and marketplaces, and tells you whether it’s a real risk or a manageable one.
Want a straight answer on your name?
Book a free 15-minute call. Bring your business name and we’ll tell you where you stand and what it would take to protect it.
Common questions about trademarking a business name
Do I need to trademark my company name?
Not by law, but without it you have no enforceable rights to the name beyond your company registration. If the name matters to your business, and it’s what customers look for, a trademark is the only way to own it.
Should I trademark my business name or my brand name?
Whichever name your customers know you by. If you trade under a brand that’s different from your company name, it’s the brand that needs protecting. Many businesses register both.
Can someone steal my business name if I haven’t trademarked it?
Yes. Someone can register it as a trademark first and, in some cases, stop you using it. Can someone steal my business name?
Can I just copyright my business name?
No. Copyright doesn’t protect names or short phrases. Why copyright won’t protect your business name.
How long does it take to trademark a business name?
Usually 3 to 4 months from application if nobody objects. Once it’s registered, your rights date back to the day you applied.
Frequently asked questions
Can my company name infringe someone else’s trademark?
Yes. Companies House does not check the trademark register, so it can accept a company name that another business has already registered as a trademark. If that happens, trading under your company name can infringe their trademark even though your company was registered properly. That situation is behind most of the forced rebrands we see, which is why it helps to search before settling on a name.
Answered by Laura Spencer, ParalegalHow can a sole trader protect a business name?
Sole traders and partnerships do not register their business name anywhere, so without a trademark the only protection is a passing off claim. That means proving your reputation in court, which is slow and expensive. A UK trademark gives the exclusive right to use the name for the goods and services registered, and it can be held by an individual as well as a company.
Answered by Laura Spencer, ParalegalCan I trademark a business name that describes what I do?
Usually not. Names that simply describe the business, such as Best Plumbing or Manchester Accountants, are normally refused. Distinctive, invented or unexpected names register most easily. Where a descriptive name has been used for years and customers recognise it as yours, acquired distinctiveness may help, but it needs real evidence of that recognition.
Answered by Laura Spencer, ParalegalIs it better to register a business name as words or as a logo?
Start with the name as words. A word trademark protects the name in any lettering, colour or design, while a logo registration protects only that particular design, and changes to the logo can leave it out of date. If the logo matters to the business as well, it is worth registering it separately once the name is protected.
Answered by Laura Spencer, Paralegal
