Selecting a business name, trade name, or trademark for your UK business
Everyone has names to which they respond. The majority of the time, they have been chosen by parents through a variety of techniques. We may have been given our trademark names in honor of an ancestor, grandmother, or family custom. It may have been due to a current trend, the royal infant, or a celebrity.
Depending on your surname, selecting the first name might be difficult, amusing, or humiliating. Tim Burr, Hazel Nutt, Terry Bull, Barbara Dwyer, and one whose name you’ll hear chanted at every football stadium in the nation: Ann Ball.
Some individuals choose not to use their given name and alter it via a deed poll. Some individuals employ a preferred or well-known moniker. Consider Terry Bollette, Frances Gumm, Harry Webb, and Maurice Micklewhite, among others. You are free to search them up.
Frequently, a name is not unique, and you have to puzzle over how to come up with a unique name. When you first start an England company register, one of your primary goals should be to differentiate your brand in the competitive marketplace. It might be good to have something special, and protecting the company’s name could be very essential to the business’s success.
Company names and trademark legislation
If you are establishing a company just to protect the name (and have no intention of doing business), you may want to see a specialist, as a trademark may be a better alternative. To further complicate matters, there are also unregistered trademarks. Choosing a name is not as simple as you may believe.
A widespread misperception is that registering your company name with Companies House will prevent others from using it. Sadly, this is incorrect.
By incorporating a new firm, you prohibit other companies from company name registration the same or a very similar name. A trademark is a distinguishing symbol between your products and services and those of your rivals.
A business name is not immediately protected by trademark law upon registration. Similarly, registering a trademark may prevent you from registering it as a limited business name. There are two distinct protections handled by two distinct organizations.
Corporations House and the Intellectual Property Office register companies and trademarks, respectively. Both organizations have registration requirements and restrictions.
If you follow the business names’ advice and heed the constraints, a company name may be whatever you choose, so long as it is not identical to or too close to an existing name on the register.
You may also do business using a name distinct from your registered name. When individuals refer to the “trade name” or the “company name,” they are referring to this specific concept.
Trading names must not:
- the terms “limited,” “Ltd.,” “limited liability partnership,” “LLP,” “public limited company,” and “plc” should all be included.
- include a ‘sensitive’ term or expression unless you acquire authorization
You must register your name as a trademark if you wish to prevent others from doing business with your company’s name.
Registering a trademark
A trademark might be comprised of more than simply a name. It may be a logo, color, form, or a mix of these elements. But it cannot describe the product or service, be deceptive, or be overly common and generic.
The fee for filing an application to register a trademark is not refundable, despite the fact that there are instructions on how to do so. As a result, it is wise to confer with a trademark attorney before submitting the application.
You may submit an application for a trademark as well as register a limited liability corporation via the use of the internet. An application for a trademark in the United Kingdom costs a minimum of 170 pounds, has a validity period of 10 years, and may be renewed indefinitely if it is granted.
The formation of a company on the internet costs twelve pounds, and the directors of the company are responsible for its administration. Performing this action necessitates the filing of normal documents such as confirmation statements and annual accounts. It is a criminal offense to not turn in the required documents.
When going through any kind of legal process, it is always a good idea to consult with an experienced attorney, given that there are people whose job it is to handle situations like this on a daily basis.