should i trademark my business name uk

Registering your company name as a trademark is one way of protecting it from being stolen and used by someone else, but is it really worth it? In plain words, this can be your business name, logo, brand mascot, or product name. Registering a trade mark can protect your business brand, such as your business name or logo. March 15, 2019. File your application to trademark your logo Once you're ready to fill out your application, the next step is to decide how wide geographically you want to protect your logo. Help us improve GOV.UK. You can do it online in the UK for as little as £170. Business names. One thing to bear in mind is that just because your company name has been accepted for registration with Companies House, it doesn’t mean it’ll also be eligible for a registered trademark. Competing businesses can register a similar name at Companies House providing nobody else has already taken the name. UK trade mark searching can be carried out via the IPO website, where you can search by trade mark number, owner name and by keyword, phrase or image. Business-owners that succeed in today’s economy tend to … Decide what you want to trademark. Learn how to register a trade mark for your business. You Should Trademark your Blog Name if… If you spend a lot of time creating unique, original, and valuable information to share with readers on your blog, you may have thought about trademarking your blog name If you need to stop someone from using a trade mark that is the same or similar to your mark, your company name registration is no basis of an objection. 4. Trademark your name before your logo. The two marks are related but they mean different things: The © symbol stands for “copyright”, and is different from the symbols used for unregistered and registered trademarks. The name of your company may be your most important business asset—it tells people who you are and what you do. It can be a unique symbol, word(s), sound, number, image or scent used to represent a business or its products. "We have found the guidance and advice given to be of the highest quality. Once registered, you can use the ® symbol to show that your brand and logo are protected. That name is a trademark. Copyright 2019 Boost Capital Limited. There are different processes for registering EU and international trade marks. If you don’t think you need an attorney’s help, here’s how to register your trademark: Trademarks can be registered for up to 10 years. If you don’t renew your trademark within six months after its expired, you’ll need to start the application process again. What Is a Trademark? A competitor may already hold a trademark or an unregistered right in your company name before you register. We register trademarks in the UK, EU and internationally. Costs for other countries vary. If your business extends to Europe, you can obtain a Community Trade Mark which protects your mark for all EU countries. It is important to ensure that your business is appropriately protected against competition. As an example, a cosmetic business e.g. Should you register your company name as a trademark? They can also help with appeals if your application is rejected. Find out how to register a trademark in the EU. Again, this will not be of much help in the event of a dispute.In the UK, trade mark rights are acquired through use or trade mark registration. Oftentimes, new business owners are confused about the difference between registering their business name with the state and filing for a trademark. Help us improve GOV.UK. Intangible assets are assets which do not physically exist, but still have a value. Choosing a name is not as straightforward as you think. There are differences between registering a trademark for the name versus a logo of your business. If you are unsure of how to trade mark a business name in the UK, read on for our do’s and don’ts on registering a trade mark to protect your brand: Trade mark registration tips You could be forgiven for thinking that when you register your company name or product with Companies House that it is covered as a trade mark. A business name is the name you trade under. If you need to stop someone from using a trade mark that is the same or similar to your mark, your company name registration is no basis of an objection. It is important to note that you will benefit from registration only in the countries where your trade mark is registered. Sign up for a. Some trade marks are so valuable, it is near impossible to put a price on them. registering authority grants you the proposed business name only if it's not already being used by some other business in the state As long as you were the first to use the mark in commerce, you technically have trademark rights. Oftentimes, new business owners are confused about the difference between registering their business name with the state and filing for a trademark. If they did that, they’d be able to benefit from the reputation your company or your product has already developed. If money is an issue (and in the restaurant business, when is it not?) A trademark agent will conduct a search of registered and unregistered business names to provide you with an availability opinion. Visit our Complaints Policy page if you experience issues. Registering a trade mark in the UK only protects your brand in the UK. Higher value tends to lie in name recognition rather than familiarity of a logo. Startups.co.uk are trading styles of Marketing VF Ltd, an Appointed Representative of Resolution Compliance Limited which is authorised and regulated by the Financial Conduct Authority (FRN: 574048). You may think that registering your Or Microsoft for computers? For more information about how to register your trademark internationally, have a look at this guide on the GOV.UK website. Business investors will assess whether you have taken the appropriate legal trademark protection to secure your brand. It will take only 2 minutes to fill in. In the UK, limited companies must be registered with Companies House. Learn how to register a UK trademark and protect your business name, logo and brand. Their email address is info@gwwtrademarks.com or call them on 01462 714300. Company names and trade mark law If you’re incorporating a company simply to protect the name (with no intention to trade), you might want to seek advice from a professional as a trade mark may be the better option. By browsing our site you agree to our use of cookies. Here’s how to do it. If you want to stop someone else using your name in any other part of the European Union you should consider a Community Trade Mark (CTM) application at the Community Trade Mark office. Here are a few tips on trademarking your business name: How do I Trademark my Business Name? Get the latest Startup news and information, Find out why a trade mark is invaluable for your start-up business. You can trade using a different name to your registered name. After this, they must be renewed. As an entrepreneur, you know that it’s important to be concerned with every aspect of your business, from your product or service to your brand to your balance sheet. Learn how trademarks can protect your brand and help prevent counterfeiting and fraud. Posted on October 10, 2017 by Jacqui Pryor - Trademarks Essentially when looking at how your trademark should be registered – either under your name or your business – there is no fixed answer that will necessary apply to everyone. Incorporating a new company will prevent other businesses from registering the same, or a very similar, company name to yours. Now you’re asking yourself, “how do I register my business name”? How Can You Protect a Business Name? Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself. The United States Patent and Trademark Office (USPTO) welcomes Tricia McDermott Thompkins as a new interim member of USPTO releases additional information on the COVID-19 Trademark Prioritized Examination Program For example, I could register ‘Google Search Limited’ and Companies House wouldn’t stop me, but Google would be very upset, and I’d likely get a strongly worded letter from their lawyers . Unauthorised parties who use your trademark without authorisation can damage your brand, your reputation and your business, but they are often in a legally weak position and can be prevented from causing damage relatively easily. For the menu below: if you move through the content using the Tab key, sub-menus will expand for each item. A cash flow loan from Boost Capital helped this small cleaning contractor pick up a big new client, almost doubling…. How Can You Protect a Business Name? Whether you should register a trademark for your business name depends on your business's geographic scope, the type of name you have, and whether you have the time and money to file a trademark application. A trademark identifies the source of goods or services. The protection provided by having a registered trademark is stronger than “common law” protections which will apply when your trademark is unregistered, You can use the ® symbol alongside your company name, which may help to add credibility to your brand, Check to see if your trademark is eligible –, The IPO will review your application and, if there are any problems, contact you within 20 days. Make sure you’re 100% committed to the name, as you won’t be able to change the trademark after application. 2. However, it can cost you more if you choose to hire a trademark attorney to help you with the process. This website uses cookies. There are effectively three reasons why it is important to register a trademark. While anybody with the financial resources can start a business, only a small fraction of start-ups remain viable 15-20 years down the road. Before sending that logo out into the world, you should consider how to protect the design, and the business behind it, through correct use of trademark law. If just one sale is lost because someone has bought goods from another company thinking that they are your goods, or if you are a service provider and you lose out on work that should have come to you because one of your competitors has used your mark or something similar, that is already too much lost business. You’ve designed a logo to represent your business. It identifies who you are to your customers and other businesses. If you are conducting a business in the UK you should file a trademark application at the UK Patent Office in the registration Classes that correspond to your business. It will take only 2 minutes to fill in. Business bank accounts are an essential tool for new businesses. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. By submitting this form I hereby consent to Boost Capital using my personal data for the provision of business funding. You can informally get a trademark by doing business using a name or a logo, and establish your reputation and mark that way (this is often called an unregistered or common law trademark). I want to start selling products now, but I am afraid my name might get taken. Some examples of trademarks registered in the UK (and in some cases, the EU) include: Registering your company name as a trademark has a number of benefits, including: Don’t confuse registering your company name as a trademark and registering your business with Companies House – they’re not the same thing. And you probably won’t need a lawyer or any external help. You can apply to renew your trademark within six months of the expiry date (either side). And how does it work? Learn about, search or apply for registration. Tick here to opt out of future marketing communications from Boost Capital Ltd. Get tips and inspiration on how to grow your business... Business TypeLimited CompanyLLP (Limited Liability Partnership)Sole TraderPartnership. Similarly, you might have a domain name. Having something unique may prove beneficial and protecting that name may also be crucial to the success of the business. Once granted, a registration will last initially for 10 years and, subject to paying renewal fees thereafter, they can remain in force forever. Have you ever wanted to trademark a name or phrase for your business? Every company has a trade mark. For other advice and assistance in respect of the protection of your trade mark or any brand-related issues, contact Groom Wilkes & Wright. This means that if you want to defend your business name elsewhere, you’ll need to complete additional tasks to register with the appropriate governing bodies. 1. Jane Haskins is a For more details about the cookies we use, see our, You can find more information about what’s allowed and not allowed here, use it as security for a loan or mortgage. However, you cannot register your own name as a personal brand unless it is truly unique and widely recognized such as Marks & Spencer, Johnsons & Johnsons, Calvin Klein etc. It will take only 2 minutes to fill in. To register your trademark abroad, you’ll usually need to register in each country you plan to operate in. Even if you never file a federal trademark application, you can still claim rights to the marks and intellectual property your business uses. And would that confusion be detrimental to your business? Without registering that trademark, there’s very little stopping someone else from producing their own line of shoes using exactly the same name. This is thanks to the Berne Convention from 1886. … But just registering your company name in this way won’t stop someone else using it as a trademark (although it does stop them from setting up a company with the same name). Should I Trademark My Business Name? Firstly, think about what it is you want to protect. Don’t worry, unless you’re a superfan or savant, no one gets this right. My number one reason I would advise a small business owner to trademark their name is simply that someone else might take the brand name you've worked so hard to build and you'll have to re-brand. Because standard character marks protect the mark … We will contact you within 24 hours with a firm quotation for the registration(s) required. However, it may be a good idea to hire a trademark attorney to help you out. If the question is “How do I best protect my trade mark?”, the answer is registration. Trade Marks can be registered at the Patent Office which is based in Newport, South Wales and this will provide protection of the mark in the UK. For example, let’s say you make shoes and you’ve just produced a new line. Registering your trademark with the IPO only registers it the UK – it doesn’t stop someone from using your trademark abroad. If you are looking to protect a business name the best way of doing it, in fact the only legally valid way to protect business names is by way of trademark registration. Yet leave your business name unregistered and you risk it being used by competitors to steal your customers. Sadly, this is wrong. Most trade marks, of course, are not as valuable as Coca Cola or Microsoft, but, still, your mark is an asset that should be protected against potential misuse by others. A year later, after he becomes popular, the partnership a few blocks over opens Joe's Outstanding Italian Eatery. Similarly, you might have a domain name. To distinguish the shoes you make from the shoes other companies make (and from your other lines of shoes), you might give them a name. This is more likely to be an option with very well-known and established trademarks, however. We’ll send you a link to a feedback form. It should be noted that in most instances your prior use of a mark will not help you if someone else gets a registration. They trademark their name. Registering a trademark for your business can distinguish your brand from its competitors and offer you strong legal recourse for infringement. However, there are also European and international applications. Here is information regarding trademarks and restrictions on trademarking a personal name, including how to protect your it after registration. trademark is … Should I register my Trademark? Why Should I Trademark my Clothing Brand? Should I Trademark My Business Name? Don’t confuse registering your company name as a trademark and registering your business with Companies House – they’re not the same thing. Read on to see if what protections might be available for your business. We use cookies. Boost Capital Ltd | Registered office: 4th Floor, Greenwood House, 99-101 New London Road, Chelmsford, Essex CM20PP United Kingdom | Company number: 07831099 | Registered in England and Wales |. Registering a trademark is one of the most effective ways you can protect your name, brand and work. There’s a common misconception that you can stop others from using your business name by registering the name at Companies House. A trademark registered with the United Kingdom will provide protection in England, Scotland, Wales, and Northern Ireland. Register a name or phrase for your UK business. Registering a trademark may seem like an unnecessary hassle. Make sure you seek professional advice before making any important decisions. The official fees for a UK registration are just £200, and for a Community Trade Mark they can be less than £1000. Trademarks provide essential legal protection, so knowing how to trademark a name in the UK is a vital step in securing your business. In this situation, the holder of the trademark may look to enforce infringement proceedings against you if you are using their trademark without a licence. … It depends on how valuable the potential benefits are versus the cost and time involved in the registration process. Please Choose Type of BusinessBed & BreakfastBusiness ServicesConstructionEntertainmentEnvironmentalFranchiseHair & Beauty SalonHome ImprovementHotel/HospitalityManufacturerMedicalMOT/Independent GarageNail SalonOff-Licence BusinessPersonal ServicesReal EstateRestaurant or PubRetailSpaWholesalerOther. You can trademark your logo, a combination of words, images, phrases, shapes or corporate colours under protection law. This is known as a ‘business name’.Business names must not: 1. include ‘limited’, ‘Ltd’, ‘limited liability partnership, ‘LLP’, ‘public limited company’ or ‘plc’ 2. contain a ‘sensitive’ word or expression unless you get permissionIf your business name is too similar to another company’s trade mark you may have to change it if someone makes a complaint. You can prevail, but relying on this level of trademark protection can prove costly if another business pops up with a similar name for their business, or goods and services. Here are a few things to remember when you want to trademark a company name across geographical borders. This is a hint at why most of the time you can’t trademark your book title. Question: Should I trademark my name and logo before forming my LLC? You will, however, find it difficult to enforce them without a federal trademark registration. Trademark classes are a way of specifying what kind of products or services you’ll be using your trademark for. The Intellectual Property Office has an online journal which enables users to search trade mark … you should obtain a trademark for your restaurant name first, then your logo. To help us improve GOV.UK, we’d like to know more about your visit today. © is intended for artistic works like books, paintings, songs or photographs, and isn’t appropriate for company or product names. If you’re stuck, it’s a good idea to get in touch with a trademark attorney as they can help outline the pros and cons specific to your company. Think – if someone else used your trade mark (or even a similar mark), would your customers (or potential new customers) be confused? However, there … Building a business and a brand takes a lot of determination and hard work. Benefits of a trade mark. These products are not consumer loans. Register a special name or phrase for your UK business by following these steps. The registration of trade marks can sometimes get complicated and it is essential that you get it right at the beginning. You already have! Trademarks are valuable assets. The products offered by Boost Capital can be either business loans or merchant cash advances. All fees are also non-refundable. The process I used to trademark the name of my book, Content DNA. To help us improve GOV.UK, we’d like to know more about your visit today. Specifically, you might find it difficult to prevent others from using your trademark as you do not have exclusiv… Consider these 5 steps when registering your trademark in the … If confusion arises, you will not lose just the one sale. Your name is a corporate asset with real tangible value, and protecting it is an important business consideration. For more information about how trademark classes work and how to decide which ones you’ll need to use with your application, have a look at this guide. How to register a business name in the UK Congratulations, you’ve decided to start a business! When starting out it can seem like a large expense to Trademark your company name or company logo but it’s something you should be doing if you want to protect your brand and invest in the future of the business. No worries, we’ve got your back with a quick guide to doing exactly In short, if you register a name which infringes a trademark, everything from business cards to your company t-shirts will need to be replaced which will be expensive and a significant disruption. Whether it’s worth registering your company name as a trademark is entirely up to you. Are you considering trademarking your business name? How do I trademark my business name? Again, this will not be of much help in the event of a dispute.In the UK, trade mark rights are acquired through use or trade mark … 4. It also depends a lot on what stage your company’s at, and how competitive your industry is. To help us improve GOV.UK, we’d like to know more about your visit today. Timing is crucial. You should note that a trademark is different from registration of a business name in the form of a company (specifically limited (LTD) companies). You’ll then have two months to resolve those problems, Once your application have been accepted, it will be entered on the publicly available, If no one objects within the two-month period, your trademark will be registered and you’ll get a certificate to confirm this. A trademark can be a colour, a logo, a sound, some words, or a combination of all of them together. However, Christina also recommends you consider trademark registration when your business picks up traction, given the costs associated with registration. All rights reserved. You can check if a trade mark already exists using Australian Trade Mark Search. Rights acquired through use are not very reliable – they are difficult to prove and expensive to enforce. It is therefore advisable to obtain expert advice on the filing of your mark and qualified trade mark attorneys can help to ensure that you get it right. Should I Trademark My Business Name? Help us improve GOV.UK. If you choose to register the trademark yourself, it costs £170 for the initial application and then a further £50 for each additional class that you register. In most countries, copyright is automatically applied and doesn’t need to be registered. About the Author Jane Haskins, Esq. Depending on the trademark you want to register, it’s a relatively simple process. We’ll send you a link to a feedback form. Registering a company name gives you no rights other than to stop someone else registering the exact same name at Companies House. You should not rely on unregistered rights if you are serious about protecting your trade mark. This article discusses when you should trademark the name, the logo or both. If you are looking to protect a business name the best way of doing it, in fact the only legally valid way to protect business names is by way of trademark registration.In short, the answer to how to protect a business name is to register it … So it’s important to make sure no one else can swoop in and take that away from you. A trade mark protects a particular type of intellectual property (IP). In any case, to register for an international trademark, you must have already registered your trademark in the UK. For other countries, it is possible to obtain local national registrations or, in some instances, what is known as an International Registration (a single registration that extends to a number of countries). However, registering a trademark makes it easier to enforce while offering wider protection. And this could be a problem if your company trades internationally. A trademark is a form of intellectual property which is used to distinguish products or services coming from one source from products and services coming from another. Q: Without googling, can you name the publisher of Catcher in the Rye? Our easy to follow guide takes you through the entire process of trademark … When you are just getting started, you want to know what the best way to protect your idea and your business name. In the UK, limited companies must be registered with Companies House. If you have not registered first, you could be stopped from using your trade mark if someone else obtains a registration. Business names, product names, logos and labels can all be trademarks. Protect your business identity by registering a trade mark. All rights reserved.CookiesPrivacyUnsubscribecustomerservice@boostcapital.co.uk0800 138 9080. 1. Funding is one of the biggest obstacles to new business. If you choose a name that's too similar to an existing trademark, you may be unable to register your trademark with the U.S. Patent and Trademark Office (USPTO). How much would someone pay to be the only one allowed to use Coca Cola for fizzy drinks? Whether you have current customers in the United Kingdom or you plan to expand there in the future, it is a good idea to trademark your business name in the UK since it is such a common trading partner with the United States. Should I Own My Trademark or Should My Company? He files his business name with the state but doesn't bother to trademark it. It depends. Copyright 2019 Boost Capital Limited. Registered trademarks can … I confirm I have read and agree with the Privacy Notice. You acquire a trademark … Are you worried another company is using your business name improperly? By registering your trademark you are effectively building a barrier to entry around your brand, making it harder for other businesses … Hello Steve, I draw and I am looking to start selling my artwork. Trademarks vest once they’re in commercial use, so you don’t need to register a trademark in order to have one. A trademark may be the answer. Your business name can form the core of your brand, and it can also create serious trademark issues. The main factors for you to consider when deciding what aspect of your brand to trademark - your logo or your business name. With their generous set of rights, standard character marks allow you to preserve near-complete control over your business name.

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