Trade marks and brand protection for a new company

Company name registration and trade marks are different systems

Companies House checks a proposed company name against the existing register mainly to prevent duplicate or "too like" names and to control sensitive words. Passing that check only confirms you can use the name as your registered company name; it is an administrative gatekeeping exercise, not an assessment of brand rights.

A trade mark is a monopoly right over a sign (a word, logo, slogan or combination) for specified goods or services classes. It is granted by the UKIPO after examination and, if unopposed, publication. Two businesses can have very similar company names on the Companies House register while one holds a trade mark that the other is infringing by trading under that mark. Treat the two systems as separate checks, both needed before you invest in a name.

Search before you commit to a name

Before printing stationery, registering domains or signing supplier contracts, search the UKIPO trade mark register for identical and similar marks in the classes relevant to your business. Also search the Companies House register, common misspellings, social media handles and a general web search for existing traders using the name.

A clearance search run by a trade mark attorney is more thorough than a free online search because it considers phonetic and conceptual similarity, not just exact text matches. For a brand central to your business plan, a professional search before launch is usually cheaper than a rebrand or infringement dispute after launch.

• Search the UK trade mark register for identical and similar marks in your classes.
• Search the Companies House register for similar company names.
• Check domain availability across the extensions you are likely to need.
• Search social media handles and general web results for existing use.
• Consider a professional clearance search for a brand central to the business.

Understand classes and current UKIPO fees

Trade marks are registered against one or more of 45 international classes covering particular goods and services; your application must list the classes relevant to what you actually sell or plan to sell. Choosing too few classes under-protects the brand; choosing too many increases cost and examination risk from similar existing marks.

Always check the current fee schedule on GOV.UK before applying, since fees are reviewed periodically. At the time of writing, the standard online application for one class costs £170, with each additional class costing £50; renewal (due every ten years) is £200 for a single class online plus £50 per extra class. Paper applications and specific procedures such as oppositions carry their own separate fees, and expedited examination costs more.

Worth knowing: Fees change periodically; confirm the live figures on the GOV.UK trade mark fees page before budgeting or applying.

Work through the application process in order

The UKIPO examines your application for distinctiveness and conflicts with earlier marks, then publishes it for two months during which third parties can oppose. An unopposed, accepted application proceeds to registration. The whole process commonly takes around four months if nothing is contested, longer if objections or an opposition arise.

1. 1

   Confirm the exact sign (word, logo or both) and the goods or services classes to cover.

2. 2

   Run a clearance search and resolve any conflicts before filing.

3. 3

   File the application online through the UKIPO service and pay the class fees.

4. 4

   Respond to any examination objection within the UKIPO deadline.

5. 5

   Monitor the two-month publication period for third-party oppositions.

6. 6

   Once registered, record the renewal date and use the ® symbol only after grant.

Plan for opposition and later disputes

An existing trade mark owner can oppose your application during the publication window, typically on the basis that your mark is identical or confusingly similar to theirs for the same or similar goods or services. Opposition proceedings can involve evidence, hearings and costs well beyond the basic filing fee, so a clearance search that avoids obvious conflicts is cheaper than fighting an opposition.

After registration, you can take action against infringers, but enforcement is your responsibility; the UKIPO does not police the market for you. Keep dated evidence of your own use, since non-use of a registered mark for five continuous years can expose it to a revocation action by a third party.

Keep the registration alive and genuinely used

A UK trade mark lasts ten years from registration and can be renewed indefinitely in further ten-year terms, provided the renewal fee is paid before or shortly after expiry (a late renewal fee and restoration process apply if you miss the deadline). Set a calendar reminder well ahead of the renewal date, since the UKIPO will not chase you indefinitely.

Keep the mark in genuine use for the classes registered. If the business pivots and stops using a registered class, consider narrowing the registration at renewal rather than paying to maintain unused coverage that could later be challenged for non-use.

• Diarise the ten-year renewal date as soon as the mark is granted.
• Keep dated records of genuine trading use for each registered class.
• Review whether classes still match the current business before renewing.
• Update ownership records if the company structure or holding entity changes.

Decide who owns the trade mark inside your group

A trade mark can be owned by the trading company, by a separate holding or intellectual-property company, or by a founder personally, with a licence granted to the trading entity. Group structures sometimes separate brand ownership from operating risk, but this adds complexity, including transfer pricing and licence documentation considerations, and should be set up with proper advice rather than assumed by default.

If a founder registers a mark personally before incorporating the company, assign it to the company in writing once incorporated, or formally document a licence. An unwritten assumption that "the company owns the brand" is not a substitute for an assignment or licence on the record.

Worked example: a product brand before launch

Illustrative scenario: a company registers "Brightfold Ltd" at Companies House and plans to sell stationery under the brand "Brightfold". Before printing packaging, the founders search the UK trade mark register and find no identical or confusingly similar mark in the relevant class for stationery and paper goods. They file an online application in one class, pay the class fee, and the mark is published without opposition.

Four months later the mark is registered. The founders now hold an enforceable right against a competitor who later launches a similarly named stationery brand, which they would not have had from the company name registration alone. They diarise the renewal date ten years ahead and keep invoices showing continued use of the brand on stationery.

Common questions

Official sources & further reading

This guide draws on the official guidance below. Rules, fees and individual circumstances can change; check the relevant source before acting.

• UK Intellectual Property Office: trade mark fees
• GOV.UK: Get intellectual property rights step-by-step
• GOV.UK: Search for a trade mark

General UK information, primarily for private companies limited by shares. This is not personalised legal, tax or financial advice. An accountant or solicitor can help apply the rules to your situation.