trademark is … 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). 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. Firstly, think about what it is you want to protect. 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. 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. A trade mark protects a particular type of intellectual property (IP). If you don’t renew your trademark within six months after its expired, you’ll need to start the application process again. 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. By registering your trademark you are effectively building a barrier to entry around your brand, making it harder for other businesses … Without registering that trademark, there’s very little stopping someone else from producing their own line of shoes using exactly the same name. This article discusses when you should trademark the name, the logo or both. For other advice and assistance in respect of the protection of your trade mark or any brand-related issues, contact Groom Wilkes & Wright. 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. Help us improve GOV.UK. For a clothing line, it’s especially important to have a distinct and well-protected mark. By submitting this form I hereby consent to Boost Capital using my personal data for the provision of business funding. Introduction; How to check whether a trademark exists; What are the trademark classes? 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. You may think that registering your Don’t confuse registering your company name as a trademark and registering your business with Companies House – they’re not the same thing. Make sure you seek professional advice before making any important decisions. If your business extends to Europe, you can obtain a Community Trade Mark which protects your mark for all EU countries. Registering a company name gives you no rights other than to stop someone else registering the exact same name at Companies House. Rights acquired through use are not very reliable – they are difficult to prove and expensive to enforce. A trademark identifies the source of goods or services. Trademark your name before your logo. Business names. 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 … Which One Should I Trademark? By browsing our site you agree to our use of cookies. When moving through with arrow keys, screen I want to start selling products now, but I am afraid my name might get taken. It will take only 2 minutes to fill in. Sunshine Cosmetics would register their name as a trade mark covering their full range of sun lotions and make-up. And this could be a problem if your company trades internationally. Or Microsoft for computers? Make sure you’re 100% committed to the name, as you won’t be able to change the trademark after application. 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). They trademark their name. It can be a unique symbol, word(s), sound, number, image or scent used to represent a business or its products. Trademarks provide essential legal protection, so knowing how to trademark a name in the UK is a vital step in securing your business. The process I used to trademark the name of my book, Content DNA. Whether it’s worth registering your company name as a trademark is entirely up to you. 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. Hello Steve, I draw and I am looking to start selling my artwork. It will take only 2 minutes to fill in. 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. Q: Without googling, can you name the publisher of Catcher in the Rye? Timing is crucial. 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. This is a hint at why most of the time you can’t trademark your book title. All fees are also non-refundable. Registered trademarks can … To register your trademark abroad, you’ll usually need to register in each country you plan to operate in. 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. Typically, you will save time and money in the long run by filing a federal trademark application and establishing trademark … Are you worried another company is using your business name improperly? The official fees for a UK registration are just £200, and for a Community Trade Mark they can be less than £1000. It depends on how valuable the potential benefits are versus the cost and time involved in the registration process. 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 … They can also help with appeals if your application is rejected. You can check if a trade mark already exists using Australian Trade Mark Search. In plain words, this can be your business name, logo, brand mascot, or product name. There’s a common misconception that you can stop others from using your business name by registering the name at Companies House. A trademark agent will conduct a search of registered and unregistered business names to provide you with an availability opinion. Their email address is info@gwwtrademarks.com or call them on 01462 714300. All rights reserved.CookiesPrivacyUnsubscribecustomerservice@boostcapital.co.uk0800 138 9080. Help us improve GOV.UK. Because standard character marks protect the mark … Think – if someone else used your trade mark (or even a similar mark), would your customers (or potential new customers) be confused? Copyright 2019 Boost Capital Limited. 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. When you are just getting started, you want to know what the best way to protect your idea and your business name. Am I Required to Register My Business Name for Trademark? 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. 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). 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. Here are a few tips on trademarking your business name: How do I Trademark my Business Name? About the Author Jane Haskins, Esq. A competitor may already hold a trademark or an unregistered right in your company name before you register. Protect your business identity by registering a trade mark. Learn how trademarks can protect your brand and help prevent counterfeiting and fraud. This website uses cookies. If money is an issue (and in the restaurant business, when is it not?) Some trade marks are so valuable, it is near impossible to put a price on them. "We have found the guidance and advice given to be of the highest quality. How to register a business name in the UK Congratulations, you’ve decided to start a business! Even if you never file a federal trademark application, you can still claim rights to the marks and intellectual property your business uses. You can trade using a different name to your registered name. You can trademark your logo, a combination of words, images, phrases, shapes or corporate colours under protection law. Register a name or phrase for your UK business. 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. Should you register your company name as a trademark? It identifies who you are to your customers and other businesses. Find out how to register a trademark in the EU. Here are a few things to remember when you want to trademark a company name across geographical borders. Should I Trademark My Business Name? While it worked out fine for That name is a trademark. 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. Registering a company name gives you no rights other than to stop someone else registering the exact same name at Companies House. 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. Now you’re asking yourself, “how do I register my business name”? To help us improve GOV.UK, we’d like to know more about your visit today. Copyright 2019 Boost Capital Limited. After this, they must be renewed. 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. What Is a Trademark? 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. Once registered, you can use the ® symbol to show that your brand and logo are protected. Registering your trademark with the IPO only registers it the UK – it doesn’t stop someone from using your trademark abroad. If confusion arises, you will not lose just the one sale. Funding is one of the biggest obstacles to new business. Once granted, a registration will last initially for 10 years and, subject to paying renewal fees thereafter, they can remain in force forever. 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. Our easy to follow guide takes you through the entire process of trademark … You can apply to renew your trademark within six months of the expiry date (either side). 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? 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. With their generous set of rights, standard character marks allow you to preserve near-complete control over your business name. 1. Learn how to register a UK trademark and protect your business name, logo and brand. Choosing a name is not as straightforward as you think. 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. 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 March 15, 2019. So it’s important to make sure no one else can swoop in and take that away from you. Business investors will assess whether you have taken the appropriate legal trademark protection to secure your brand. 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 cash flow loan from Boost Capital helped this small cleaning contractor pick up a big new client, almost doubling…. 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. Every company has a trade mark. 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. Similarly, you might have a domain name. Don’t worry, unless you’re a superfan or savant, no one gets this right. 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. Benefits of a trade mark. 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. 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. 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