It’s not only people who can change and have their name officially registered – companies can too.
This is achieved by registering the company name in the UK as a trademark. Having your company name trademarked means you can use it exclusively. It also gives you protection, meaning someone else can’t come along and steal your name and branding.
Products and services can be trademarked too, as can a logo, symbol, design and other business-related insignia. You’ll know if something has a trademark because it will have the ® symbol next to the name.
Main benefits of acquiring a trademark
Peace of mind that no-one will come along and start using your business name or product, service, logo etc
A trademark is stronger than common law if you have to fight for your business identity
You can use the ® symbol after whatever you have trademarked, making the business look more professional
You don’t have to worry about accidently acquiring someone else’s trademark (this would have been looked into during the trademarking process)
If expanding abroad then it’s easier to get an international trademark if you already have one here in the UK
Trademarks – what you can and can’t do
You can assume that whatever name you choose for your company, product or service etc will automatically be approved for a trademark. That’s because there are certain rules and regulations companies must follow, in line with the wording of the World Intellectual Property Organization.
The name you choose must not already be replicated elsewhere, for example. Neither can the name be a direct description of what your business provides eg if you supply hairspray, you can’t call your company or product ‘hairspray.’
Your trademarked name must not be confusing or misleading either eg you can’t say you are a vegan company if a couple of the items you sell aren’t eg leather shoes.
Another way your company name could be refused is if it is too similar to the name of an international organisation, or an abbreviation. And, if your company name is a symbol (such as the now-deceased singer formerly known as Prince) then it can’t look like a current symbol of state or a symbol which is on a country flag or emblem.
The trademark application process
It’s possible to apply for up to six different trademarks in a series. What this means is that you can apply to have your company name trademarked in different fonts or with a variety of slightly different spellings. You can also have the same word in different uppercase and lowercase combinations.
Proper use of your trademark symbol
Having the ® symbol after your company name means you are registered with the UK Intellectual Property Office (UKIPO), the official government body responsible for trademarks. As such, using the symbol without official approval is actually against the law.
The ™ symbol is the one used for unregistered trademarks. This means that you have registered the name of your company with Companies House, but it doesn’t stop someone from acquiring your business name if they like it. And that’s why it’s often a good idea to file a trademark application before even starting your business. That way you’ll have the reassurance of knowing your company name is legally protected from the start.
You’ll often find the © symbol against names or titles. This is copyright symbol and it prevents anyone from copying a work, such as an article, photograph, painting etc. You definitely won’t find it against a company name or product since it’s used exclusively for artistic works.
Carrying out a UK Trademark Search
It’s only possible to trademark and use a company or business name if it hasn’t already been trademarked in the same industry. For this reason, it’s imperative you do a trademark search before even starting your application.
You can do this via the UK Intellectual Property Office’s (UKIPO) database. They have a list of both current and archived trademarks. It is possible to search via number, owner, keyword, phrase, or image. Newly registered trademarks can be found weekly via the UK Intellectual Property Office’s trademarks journal, and which is published online every Friday.
A UK trademark attorney can do the search for you – a list of whom is available from The Chartered Institute of Trade Mark Attorneys (CITMA).
Get in touch
We’ll continue with Part 2 of this blog post in our next article – including what to do if the trademark you want is already taken. In the meantime, if you’re thinking of a personal name change then why not get in touch with the team here at Deedpoll.com? Take a read through our website and contact us by tel: 020 8017 2216 (9am to 5pm, Monday to Friday) or via email info@deedpoll.com.
