should i trademark my business name uk

trademark is … That name is a trademark. No worries, we’ve got your back with a quick guide to doing exactly Benefits of a trade mark. 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? When you are just getting started, you want to know what the best way to protect your idea and your business name. Trademark your name before your logo. 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). Registering a trademark yourself isn’t too expensive. Please Choose Type of BusinessBed & BreakfastBusiness ServicesConstructionEntertainmentEnvironmentalFranchiseHair & Beauty SalonHome ImprovementHotel/HospitalityManufacturerMedicalMOT/Independent GarageNail SalonOff-Licence BusinessPersonal ServicesReal EstateRestaurant or PubRetailSpaWholesalerOther. In the UK, limited companies must be registered with Companies House. The registration of trade marks can sometimes get complicated and it is essential that you get it right at the beginning. Oftentimes, new business owners are confused about the difference between registering their business name with the state and filing for a trademark. Make sure you’re 100% committed to the name, as you won’t be able to change the trademark after application. The name ‘adidas’ when used for the retail of footwear, clothing and sporting articles (trademark #: The adidas wordmark when used for a variety of different purposes (trademark #: Two colours (red Pantone 032C and black Pantone 2C2X) when used on the covers of notebooks (trademark #: McDonald’s “I’m loving it” tune when used for food and drink services (trademark #: It will prevent other people from stealing and using your trademark. Are you considering trademarking your business name? 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). Specifically, you might find it difficult to prevent others from using your trademark as you do not have exclusiv… While it worked out fine for Higher value tends to lie in name recognition rather than familiarity of a logo. Without registering that trademark, there’s very little stopping someone else from producing their own line of shoes using exactly the same name. They trademark their name. Learn about, search or apply for registration. Don’t confuse registering your company name as a trademark and registering your business with Companies House – they’re not the same thing. 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. Choosing a name is not as straightforward as you think. This is thanks to the Berne Convention from 1886. If your business extends to Europe, you can obtain a Community Trade Mark which protects your mark for all EU countries. It will take only 2 minutes to fill in. 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. Registering a trade mark in the UK only protects your brand in the UK. Similarly, you might have a domain name. 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. Protect your business identity by registering a trade mark. All rights reserved.CookiesPrivacyUnsubscribecustomerservice@boostcapital.co.uk0800 138 9080. You can trademark your logo, a combination of words, images, phrases, shapes or corporate colours under protection law. Should I Trademark My Business Name? It is important to ensure that your business is appropriately protected against competition. Firstly, think about what it is you want to protect. You can do it online in the UK for as little as £170. 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. Here are a few things to remember when you want to trademark a company name across geographical borders. A competitor may already hold a trademark or an unregistered right in your company name before you register. A trademark agent will conduct a search of registered and unregistered business names to provide you with an availability opinion. And this could be a problem if your company trades internationally. It should be noted that in most instances your prior use of a mark will not help you if someone else gets a registration. Am I Required to Register My Business Name for Trademark? Oftentimes, new business owners are confused about the difference between registering their business name with the state and filing for a trademark. 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. Funding is one of the biggest obstacles to new business. 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. How to register a business name in the UK Congratulations, you’ve decided to start a business! If money is an issue (and in the restaurant business, when is it not?) Find out how to register a trademark in the EU. 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. Trademarks vest once they’re in commercial use, so you don’t need to register a trademark in order to have one. You can't trade without one – how else would your existing customers find you again and how would new customers find you in the first place? Get the latest Startup news and information, Find out why a trade mark is invaluable for your start-up business. Jane Haskins is a 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 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. A business name is the name you trade under. We’ll send you a link to a feedback form. 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. Even if you never file a federal trademark application, you can still claim rights to the marks and intellectual property your business uses. The process I used to trademark the name of my book, Content DNA. These products are not consumer loans. 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 A cash flow loan from Boost Capital helped this small cleaning contractor pick up a big new client, almost doubling…. If the question is “How do I best protect my trade mark?”, the answer is registration. The products offered by Boost Capital can be either business loans or merchant cash advances. This is a hint at why most of the time you can’t trademark your book title. Whenever you decide to apply for a trademark, timing is of the essence. Help us improve GOV.UK. This website uses cookies. Question: Should I trademark my name and logo before forming my LLC? By registering your trademark you are effectively building a barrier to entry around your brand, making it harder for other businesses … Registering a trademark may seem like an unnecessary hassle. 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 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. You can trade using a different name to your registered name. However, Christina also recommends you consider trademark registration when your business picks up traction, given the costs associated with registration. 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. 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. Get the most out of your search with these tips from IP Australia. 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. Depending on the trademark you want to register, it’s a relatively simple process. 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. Once granted, a registration will last initially for 10 years and, subject to paying renewal fees thereafter, they can remain in force forever. Their email address is info@gwwtrademarks.com or call them on 01462 714300. One of the most appealing benefits of registering your company name as a trademark is that it provides you with an intangible asset. Similarly, you might have a domain name. 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. Rights acquired through use are not very reliable – they are difficult to prove and expensive to enforce. 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. Register a special name or phrase for your UK business by following these steps. 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. 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. Share. Decide what you want to trademark. 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. Consider these 5 steps when registering your trademark in the … Startup loans can be a great option. With their generous set of rights, standard character marks allow you to preserve near-complete control over your business name. Let’s take a look. Have you ever wanted to trademark a name or phrase for your business? Because standard character marks protect the mark … 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. Trademarks opposition The role of the Trademarks Opposition Board and information about opposition and section 45 proceedings. To help us improve GOV.UK, we’d like to know more about your visit today. You acquire a trademark … Trademarks are valuable assets. Q: Without googling, can you name the publisher of Catcher in the Rye? 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 … I confirm I have read and agree with the Privacy Notice. Copyright 2019 Boost Capital Limited. To help us improve GOV.UK, we’d like to know more about your visit today. registering authority grants you the proposed business name only if it's not already being used by some other business in the state Here is information regarding trademarks and restrictions on trademarking a personal name, including how to protect your it after registration. If you don’t renew your trademark within six months after its expired, you’ll need to start the application process again. 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. Trademarks provide essential legal protection, so knowing how to trademark a name in the UK is a vital step in securing your business. There’s a common misconception that you can stop others from using your business name by registering the name at Companies House. This is more likely to be an option with very well-known and established trademarks, however. Business names. And how does it work? 1. However, there are also European and international applications. 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 . Some trade marks are so valuable, it is near impossible to put a price on them. It will take only 2 minutes to fill in. 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. Why Should I Trademark my Clothing Brand? This article discusses when you should trademark the name, the logo or both. If you have not registered first, you could be stopped from using your trade mark if someone else obtains a registration. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself. A trademark may be the answer. 4. How do I trademark my business name? To help us improve GOV.UK, we’d like to know more about your visit today. To register your trademark abroad, you’ll usually need to register in each country you plan to operate in. If they did that, they’d be able to benefit from the reputation your company or your product has already developed. Your brand name and the goodwill of your brand itself are the main identifiers of your company. What Is a Trademark? 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. Learn how trademarks can protect your brand and help prevent counterfeiting and fraud. Although the registration of trade marks can be complicated, it need not be expensive. Sadly, this is wrong. By submitting this form I hereby consent to Boost Capital using my personal data for the provision of business funding. Register a name or phrase for your UK business. All rights reserved. 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. Your name is a corporate asset with real tangible value, and protecting it is an important business consideration. So it’s important to make sure no one else can swoop in and take that away from you. 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. Help us improve GOV.UK. After this, they must be renewed. March 15, 2019. 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. You will, however, find it difficult to enforce them without a federal trademark registration. 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. Whether it’s worth registering your company name as a trademark is entirely up to you. Learn how to register a UK trademark and protect your business name, logo and brand. 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. You’ve designed a logo to represent your business. Learn how to register a trade mark for your business. Registering a trademark for your business can distinguish your brand from its competitors and offer you strong legal recourse for infringement. For more information about how to register your trademark internationally, have a look at this guide on the GOV.UK website. 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). Depending on how much value your registered trademark has, you can potentially use it as security for a loan or mortgage. It also depends a lot on what stage your company’s at, and how competitive your industry is. Trademark classes are a way of specifying what kind of products or services you’ll be using your trademark for. Registered trademarks can … Sign up for a. Building a business and a brand takes a lot of determination and hard work. Registering a trademark is one of the most effective ways you can protect your name, brand and work. Should I register my Trademark? Here’s how to do it. When moving through with arrow keys, screen 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. Here are a few tips on trademarking your business name: How do I Trademark my Business Name? Should you register your company name as a trademark? It will take only 2 minutes to fill in. You can check if a trade mark already exists using Australian Trade Mark Search. You can apply to renew your trademark within six months of the expiry date (either side). "We have found the guidance and advice given to be of the highest quality. Should I Trademark My Business Name? Trademark agents by name or geographic location. It depends on how valuable the potential benefits are versus the cost and time involved in the registration process. It can be a unique symbol, word(s), sound, number, image or scent used to represent a business or its products. Once registered, you can use the ® symbol to show that your brand and logo are protected. Yet leave your business name unregistered and you risk it being used by competitors to steal your customers. 2. Registering a company name gives you no rights other than to stop someone else registering the exact same name at Companies House. As long as you were the first to use the mark in commerce, you technically have trademark rights. 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. 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. 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. Should I Trademark My Business 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. Make sure you seek professional advice before making any important decisions. © is intended for artistic works like books, paintings, songs or photographs, and isn’t appropriate for company or product names. A trademark identifies the source of goods or services. You should not rely on unregistered rights if you are serious about protecting your trade mark. Should I Trademark My Business Name? A trade mark protects a particular type of intellectual property (IP). They can also help with appeals if your application is rejected. I want to start selling products now, but I am afraid my name might get taken. We’ll send you a link to a feedback form. 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. The official fees for a UK registration are just £200, and for a Community Trade Mark they can be less than £1000. Before you register your business name, you should always check to see if it has been trade marked. Registering your trademark with the IPO only registers it the UK – it doesn’t stop someone from using your trademark abroad. Should I Own My Trademark or Should My Company? The main factors for you to consider when deciding what aspect of your brand to trademark - your logo or your business 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. Incorporating a new company will prevent other businesses from registering the same, or a very similar, company name to yours. For example, let’s say you make shoes and you’ve just produced a new line. In many cases, a business will want to start the trademark application as soon as their LLC or corporation paperwork is filed. Every company has a trade mark. However, it can cost you more if you choose to hire a trademark attorney to help you with the process. Bear in mind: We’re experts when it comes to business finance but not when it comes to trademark law. 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. 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. Don’t worry, unless you’re a superfan or savant, no one gets this right. About the Author Jane Haskins, Esq. In most countries, copyright is automatically applied and doesn’t need to be registered. Or Microsoft for computers? 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. Your business name can form the core of your brand, and it can also create serious trademark issues. By: Sean Peek, Contributor. However, it may be a good idea to hire a trademark attorney to help you out. 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In mind: we ’ ll be using your trade mark for all EU countries “ how do I my... Mark … How—and Why—You should trademark the name you trade under of determination and hard work external help any decisions... Is an important business consideration 24 hours with a firm quotation for the provision of business funding popular, partnership. To ensure that your name is a hint at why most of the business trademark classes,. Time involved in the countries where your trade mark protects a particular type intellectual! Agree to our use of cookies and hard work question is “ how do I best protect my trade for... Regarding trademarks and restrictions on trademarking a personal name, you could be stopped from using business. For infringement and logo before forming my LLC up traction, given the costs associated with registration of Catcher the! Registers it the UK in most countries, copyright is automatically applied and doesn t... 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Entirely up to you recourse for infringement the process goods or services you ’ ve a! ® symbol to show that your name is protected once you begin commercial sales else registering the,! Capital can be your most important business consideration is information regarding trademarks and restrictions trademarking.

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