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. To be clear, if you want to trademark your personal name, you must find a business use for it, and that business use must fit into one of the many specific categories of products and services. By filing for a trademark prior to launch, you can be sure that your name is protected once you begin commercial sales. Oftentimes, new business owners are confused about the difference between registering their business name with the state and filing for a trademark. Trademarks are valuable assets. 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. By browsing our site you agree to our use of cookies. 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. You can apply to renew your trademark within six months of the expiry date (either side). 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. Regarding intellectual property protection, there’s not much that can beat registering a trademark correctly.Yet many people struggle with the process on the intellectual property office website in the UK and end up turning to a solicitor even for simple applications. How Can You Protect a Business Name? It is important to note that you will benefit from registration only in the countries where your trade mark is registered. Even if you never file a federal trademark application, you can still claim rights to the marks and intellectual property your business uses. 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. First, let's get a couple of common misconceptions out of the way: The fact that your trade mark is part of your registered company name is no help at all. Registering a company name gives you no rights other than to stop someone else registering the exact same name at Companies House. It depends on how valuable the potential benefits are versus the cost and time involved in the registration process. 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. How do I trademark my business name? 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). 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. Building a business and a brand takes a lot of determination and hard work. Here are a few tips on trademarking your business name: How do I Trademark my Business Name? Competing businesses can register a similar name at Companies House providing nobody else has already taken the name. One registered, the owner of the registration can stop others from using the mark (or a mark that is similar to the mark as registered) and, just as important, registration can help you to avoid problems that will arise if someone else registers your mark (or a similar mark) before you do. Which One Should I Trademark? Have you ever wanted to trademark a name or phrase for your business? "We have found the guidance and advice given to be of the highest quality. However, Christina also recommends you consider trademark registration when your business picks up traction, given the costs associated with registration. Business bank accounts are an essential tool for new businesses. A trademark can protect a combination of words, sounds or designs used to distinguish your goods or services from those of others in the marketplace. A competitor may already hold a trademark or an unregistered right in your company name before you register. Help us improve GOV.UK. Once registered, you can use the ® symbol to show that your brand and logo are protected. Should I Trademark My Business Name? To help us improve GOV.UK, we’d like to know more about your visit today. Our easy to follow guide takes you through the entire process of trademark … Startup loans can be a great option. How much would someone pay to be the only one allowed to use Coca Cola for fizzy drinks? Sign up for a. Should I register my Trademark? As trademark attorneys, we often have enquiries from people who are launching a business and want to register a business or product name, but are on such a tight budget that even a couple of hundred pounds spent on 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. 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. 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. 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. However, there … And this could be a problem if your company trades internationally. Question: Should I trademark my name and logo before forming my LLC? Or Microsoft for computers? Trademark your name before your logo. A trademark identifies the source of goods or services. 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 All rights reserved.CookiesPrivacyUnsubscribecustomerservice@boostcapital.co.uk0800 138 9080. Whenever you decide to apply for a trademark, timing is of the essence. Intangible assets are assets which do not physically exist, but still have a value. registering authority grants you the proposed business name only if it's not already being used by some other business in the state … If confusion arises, you will not lose just the one sale. Sunshine Cosmetics would register their name as a trade mark covering their full range of sun lotions and make-up. Q: Without googling, can you name the publisher of Catcher in the Rye? You should note that a trademark is different from registration of a business name in the form of a company (specifically limited (LTD) companies). Don’t worry, unless you’re a superfan or savant, no one gets this right. The name of your company may be your most important business asset—it tells people who you are and what you do. 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. A trademark registered with the United Kingdom will provide protection in England, Scotland, Wales, and Northern Ireland. Get the most out of your search with these tips from IP Australia. © is intended for artistic works like books, paintings, songs or photographs, and isn’t appropriate for company or product names. For example, let’s say you make shoes and you’ve just produced a new line. Sadly, this is wrong. That name is a trademark. you should obtain a trademark for your restaurant name first, then your logo. A business name is the name you trade under. Help us improve GOV.UK. Registering a trade mark in the UK only protects your brand in the UK. Funding is one of the biggest obstacles to new business. We’ll send you a link to a feedback form. They trademark their name. For more information, visit www.gwwtrademarks.com. If money is an issue (and in the restaurant business, when is it not?) A trademark can be a colour, a logo, a sound, some words, or a combination of all of them together. 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. As a result, it’s typically best for a business to lock up their trademark rights for their company name as soon as possible. How—and Why—You Should Trademark Your Business. A trade mark protects a particular type of intellectual property (IP). Learn how to register a UK trademark and protect your business name, logo and brand. However, registering a trademark makes it easier to enforce while offering wider protection. … Share. Business-owners that succeed in today’s economy tend to … Learn about, search or apply for registration. How Can You Protect a Business Name? trademark is … Register a name or phrase for your UK business. 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. 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? Copyright 2019 Boost Capital Limited. If you have created a trademark or service mark for your business, you should register that mark in the U.S. Failure to register or keep your mark registered can leave it vulnerable to appropriation by companies whose only interests are often to exploit you in your desire to get it back. 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 |. Are you considering trademarking your business name? There are different processes for registering EU and international trade marks. As an example, a cosmetic business e.g. Registered trademarks can … 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. This website uses cookies. You will, however, find it difficult to enforce them without a federal trademark registration. One of the most appealing benefits of registering your company name as a trademark is that it provides you with an intangible asset. Business investors will assess whether you have taken the appropriate legal trademark protection to secure your brand. Trademarks vest once they’re in commercial use, so you don’t need to register a trademark in order to have one. Typically, you will save time and money in the long run by filing a federal trademark application and establishing trademark … 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. And how does it work? You’ve designed a logo to represent your business. 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. Read on to see if what protections might be available for your business. 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 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. 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. 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. 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). Whether it’s worth registering your company name as a trademark is entirely up to you. You can do it online in the UK for as little as £170. By submitting this form I hereby consent to Boost Capital using my personal data for the provision of business funding. 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. Specifically, you might find it difficult to prevent others from using your trademark as you do not have exclusiv… 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. It should be noted that in most instances your prior use of a mark will not help you if someone else gets a registration. All fees are also non-refundable. Make sure you seek professional advice before making any important decisions. Don’t confuse registering your company name as a trademark and registering your business with Companies House – they’re not the same thing. In the UK, limited companies must be registered with Companies House. Incorporating a new company will prevent other businesses from registering the same, or a very similar, company name to yours. 2. A trademark agent will conduct a search of registered and unregistered business names to provide you with an availability opinion. Copyright 2019 Boost Capital Limited. Trademarks provide essential legal protection, so knowing how to trademark a name in the UK is a vital step in securing your business. Rights acquired through use are not very reliable – they are difficult to prove and expensive to enforce. 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 For more information about how to register your trademark internationally, have a look at this guide on the GOV.UK website. This is a hint at why most of the time you can’t trademark your book title. In any case, to register for an international trademark, you must have already registered your trademark in the UK. A trademark may be the answer. 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). Here are a few things to remember when you want to trademark a company name across geographical borders. The Intellectual Property Office has an online journal which enables users to search trade mark … And would that confusion be detrimental to your business? 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. Trademark classes are a way of specifying what kind of products or services you’ll be using your trademark for. For a clothing line, it’s especially important to have a distinct and well-protected mark. The products offered by Boost Capital can be either business loans or merchant cash advances. 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. 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. Although federal registration of a mark is not mandatory, it has several advantages, including notice to the public of the registrant's claim of ownership of the mark, legal presumption of ownership nationwide, and exclusive right to use the mark on or in connection with the goods/services listed in the registration. 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). Are you worried another company is using your business name improperly? Registering a trademark may seem like an unnecessary hassle. 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. All rights reserved. It will take only 2 minutes to fill in. I confirm I have read and agree with the Privacy Notice. With their generous set of rights, standard character marks allow you to preserve near-complete control over your business name. 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. Oftentimes, new business owners are confused about the difference between registering their business name with the state and filing for a trademark. There’s a common misconception that you can stop others from using your business name by registering the name at Companies House. If they did that, they’d be able to benefit from the reputation your company or your product has already developed. Choosing a name is not as straightforward as you think. If you have not registered first, you could be stopped from using your trade mark if someone else obtains a registration. 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. 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). Am I Required to Register My Business Name for Trademark? Business names. He files his business name with the state but doesn't bother to trademark it. Trademarks opposition The role of the Trademarks Opposition Board and information about opposition and section 45 proceedings. And you probably won’t need a lawyer or any external help. We use cookies. Registering a trademark yourself isn’t too expensive. The main factors for you to consider when deciding what aspect of your brand to trademark - your logo or your business name. 4. 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 If you don’t renew your trademark within six months after its expired, you’ll need to start the application process again. Mistakes made at the outset cannot be rectified later on, and this could have a detrimental effect on your ability to enforce the protection of your mark. Consider these 5 steps when registering your trademark in the … Registering a company name gives you no rights other than to stop someone else registering the exact same name at Companies House. You acquire a trademark … Registering a trademark is one of the most effective ways you can protect your name, brand and work. Visit our Complaints Policy page if you experience issues. 1. Decide what you want to trademark. You may think that registering your The process I used to trademark the name of my book, Content DNA. Why Should I Trademark my Clothing Brand? Because standard character marks protect the mark … Firstly, think about what it is you want to protect. Jane Haskins is a Apply through GOV.UK with details of the business name you intend to register and the trademark classes, which place all goods and services in distinct categories. They can also help with appeals if your application is rejected. Learn how to register a trade mark for your business. 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. If your business extends to Europe, you can obtain a Community Trade Mark which protects your mark for all EU countries. There are effectively three reasons why it is important to register a trademark. By registering your trademark you are effectively building a barrier to entry around your brand, making it harder for other businesses … You can trade using a different name to your registered name. However, it can cost you more if you choose to hire a trademark attorney to help you with the process. Your brand name and the goodwill of your brand itself are the main identifiers of your company. 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. To help us improve GOV.UK, we’d like to know more about your visit today. In most countries, copyright is automatically applied and doesn’t need to be registered. I want to start selling products now, but I am afraid my name might get taken. Similarly, you might have a domain 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. 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). These products are not consumer loans. How to register a business name in the UK Congratulations, you’ve decided to start a business! It will take only 2 minutes to fill in. 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. Here is information regarding trademarks and restrictions on trademarking a personal name, including how to protect your it after registration. Timing is crucial. 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. 1. The primary reason for the registration of company names is linked with a lesser liability than sole traders as liability is limited only to the extent of investment in shareholding. In plain words, this can be your business name, logo, brand mascot, or product name. 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. Having something unique may prove beneficial and protecting that name may also be crucial to the success of the business. Although the registration of trade marks can be complicated, it need not be expensive. Depending on the trademark you want to register, it’s a relatively simple process. If the question is “How do I best protect my trade mark?”, the answer is registration. 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 . Business, only a small fraction of start-ups remain viable 15-20 years down the.. Startup news and information, find it difficult to prevent others from using your business name: do..., so knowing how to trademark - your logo or both right in your company internationally. Company or your business name the source of goods or services you ’ ll send you a to... And the goodwill of your search with these tips from IP Australia registration process the official fees a! Marks and intellectual property ( IP ) beneficial and protecting it is impossible... 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