Wondering if you should trade mark your business name? We’re here to help. If you have a company name that’s unique to your personal or brand identity and you don’t want anyone else to use or claim it as their own, the solution could be to trade mark it. In this guide, we’ll walk through what a trade mark is, the main reasons to trade mark a name, the legal implications and more. So, let’s get started.
What is a trade mark?
Trade marks are a type of intellectual property. They're widely used by businesses to protect their name and branding. Once you've registered your business name as a trade mark, it can prevent third parties from using anything too similar. Typically, a trade mark lasts for up to ten years and can be renewed indefinitely. However, unlike copyright, a trade mark must be registered and applied for via the UK Intellectual Property Office (UKIPO).
💡Editor's insight: "There are some iconic and famous trade marks out there. Just think about well-known business names like Coca-Cola, Starbucks and Nike. A well-known mark (WKM) is one that the general public knows about. In the UK, trade mark law gives special protections to these because regardless of whether the trade mark is registered or not."
Do you need to trade mark your name?
No, you don't need to trade mark your business name in the UK. However, there are definitely benefits. Registering a trade mark gives you exclusive rights to use your business name and can help protect your brand. Failure to do so could lead to issues such as intellectual property theft, brand identity confusion, and legal disputes that may harm your business’s reputation and profitability.
Five reasons to trade mark your business name in the UK
Now that you understand trade mark protection let's look at some of the key reasons why it's important.
1. Legal protection
A trade marked business is one that the law recognises and protects. Therefore, as a business owner in the UK, if you want legal protection for your business or brand, it’s crucial to prioritise trade marking it. One advantage of doing this is that if an unauthorised entity uses your brand name to sell a product or offer a service, you can easily take legal action against them.
2. Brand recognition
In today’s highly competitive market, exclusivity is something every business owner craves. If you look around you, not only can you easily identify the logos of Starbucks, Uber, KFC, and many more, but you also know the services they render. This is the power of branding and trade marking.
In essence, having a unique and recognisable brand will set you apart from the competition and take your brand reputation to another level. Trade marking your brand ensures that your business name and logo are yours alone, giving you exclusive rights to use them and helping to solidify your brand’s identity in the minds of your customers.
3. Helps to stop market confusion
As a business owner, if your business is thriving but, for whatever reason, you fail to trade mark your brand name, competitors could take advantage of this by releasing products under a name similar to yours. And not only will this competitor steal your customer base, but their actions could also potentially harm or even end your brand. So, to prevent this from happening, it is important that you trade mark your brand name to make it stand out from others.
4. Helps to solidify brand position in the international market
If you have a unique brand that has the potential to trade in more than one country, then it is absolutely crucial that you trade mark the name. Not only will this give your product a distinct identity, but it will also facilitate global expansion.
5. Increase your business value
You may not know this, but a trade marked business has the potential to be more valuable than its unregistered counterparts. This is due to many reasons, one of which is that a business with a trade mark will be able to attract investors and shareholders. Also, if you need a loan to expand your business, having a trade mark can make it easier for your business to secure it, as this will demonstrate to lenders that your brand is legally protected and has a solid market presence.
💡Editor's insight
"The internet is filled with loads of misinformation about trade marks. One of the most common misconceptions is is that owning a domain name will automatically give a business owner a trade mark right. While a domain name is important for your online presence, it does not provide legal protection against others using a similar name in the same industry. Only a registered trade mark offers this protection.
Risks of not trade marking a business name
1. Legal disputes
Without a registered trade mark, you are vulnerable to legal disputes if another business claims prior use of a similar name. Such disputes can be costly and may force you to rebrand, losing the brand equity you have built over time. You can consider the case of Hannah Huntly and Beth Cook, a family-owned UK bakery that has operated under the name for more than two years. When a catering company, Elior UK, based in Staines-upon-Thames in Surrey, asked them to change their name as it was too similar to ‘Barista & Baker’, the company’s protected trade mark, the bakery was forced to rebrand to Applaud Coffee.
2. Inability to expand
If you fail to trade mark your business name, you will struggle to expand your business beyond the local market. This is because, for your products to enter the international market, you would need to have trade marked your name to secure exclusive rights and protect your brand from being copied by others in those regions.
How to trade mark a business name in the UK
Here's a snapshot of the legal registration process. For more detail, head to our full guide on how to register a trade mark.
Step 1: Conduct a trade mark search
Before you file for a trade mark, you need to comb through the UK Intellectual Property Office (IPO) to confirm if another entity hasn’t used your business name. If no one else has used it, then you are free to proceed. If, unfortunately, another business has used the name, you need to choose another business name to avoid legal complications and rejected applications due to existing similar trade marks.
Step 2: Choose the right trade mark class
In the UK, there are 45 trade mark classes, covering a wide range of goods and services, including, but not limited to, cosmetics, medical instruments, toys, sporting goods, and many more. As a business owner aiming to trade mark your business name, it is important that you select the right class for your business to ensure your trade mark protection is comprehensive and relevant.
Step 3: File the application
Once you have confirmed your business name's availability and selected the appropriate class for your business, the next step is to file your trade mark application with the UK IPO. The application must include a clear representation of your trade mark, whether it is a word, logo, or both, and a detailed description of the goods or services it will represent.
Step 4: Respond to objections and oppositions
This part is arguably the most delicate, as you will be required to make yourself available to monitor the progress. This is because after you have filled out the application, it is possible for the UK IPO to spot an error while reviewing your application; therefore, you will need to respond to clarify or amend your application. Additionally, you may also be summoned if other businesses believe that your application infringes on their trade mark rights.
Step 5: Complete the registration and using the ® symbol
A trade mark is denoted by two symbols (™ and ®). If your application is successful, you will get the ® symbol, which means “REGISTERED”, alongside your business name. This symbol is a public notice of your trade mark rights and can deter potential infringers.
On the other hand, the (™) symbol is used beside an unregistered business name. It signifies that the brand has not been officially protected. Although the symbol still gives you common law rights in the UK and some other countries, you can’t sue anyone who misuses the trade mark.
Costs and timeline for trade mark registration
The cost to register your trade mark in the UK varies depending on the number of classes you register for and the complexity of your application. The UK IPO offers two types of applications: the standard online application and the right-start application. A trade mark registration solicitor will be able to guide you on which is best suited for your legal needs.
Standard application
This application is done online, and the fees start at £170 for one class, with an additional £50 for each extra class.
Right start application
This paper application form is for people who can not apply online for one reason or another. The application fee is £200 for one class and £50 (£25 up front plus £25 if you go ahead with your registration) for each additional class.
The timeline for registration usually ranges from 3 to 4 months, assuming there are no objections or oppositions. If your application gets objected to and you don’t want to withdraw it, you can challenge this by going to court or talking to the person making the opposition.
FAQs
Is it mandatory to trade mark my business name?
No, but it is highly recommended to protect your brand and avoid legal issues.
What happens if someone trade marks a name similar to mine?
If you have already trade marked your business name and find out someone else has trade marked a name similar to yours, you can challenge them to rename their business to avoid confusion. However, before deciding, talk to your attorney first to know your options.
Can I trade mark a business name similar to another in a different industry?
Yes, trade marks are classified by industry, so similar names can coexist in different classes. A good example of this phenomenon is "Delta," a trade marked name used by both an airline company (Delta Air Lines) and a faucet manufacturer (Delta Faucet). This is permissible because these two companies operate in completely different industries and, therefore, different trademark classes.
How long does a trade mark last?
A UK trade mark lasts 10 years and can be renewed every 10 years.
Can I trade mark my business name internationally?
Yes, but you must apply for trade marks in each country where you seek protection or use international treaties like the Madrid Protocol for broader coverage. Check out the international trade mark registration process.
Do you need to incorporate a company before registering a trade mark?
No, you don’t need to incorporate a company before registering a trademark. However, if you plan to incorporate later, it’s wise to ensure consistency in ownership to avoid potential legal complications. To incorporate a company, you typically need a memorandum and articles of association and form IN01.
Final thoughts
Now that you know what a trade mark is, why it is important to trade mark your business name, and the process involved in filing for trade mark registration, it is time to take the next step. At Lawhive, we have a team of commercial solicitors that know the ins and outs of commercial law and are ready to help you navigate the complexities of trade mark registration in the UK.
References
Register a trade mark from Gov.UK
Trade marks from WIPO