If you have a symbol that is unique to your personal or brand identity and you don’t want anyone else to use or claim it as their own, the solution is to trademark it. As a UK business owner, your business name is more than just a name; it is your brand identity, which is why it is absolutely vital that you do a business name trademark so that it will get legal protection and also be set apart from others in the ever-changing business world.
In this article, our focus will be on showing you why trademarking your unique business name is, arguably, one of the smartest decisions you can make. By the end of this piece, you will have learnt:
Why you should trademark your business name.
The various legal implications of not securing a trademark
The process involved if you want to trademark your business name, and
How much it will cost you to trademark your intellectual property
So, let’s get started.
What is a Trademark?
To better understand what the term “trademark" means and what it protects, you need to know what intellectual property is. Intellectual property can simply be referred to as a creation of the mind. That is, something you’ve developed on your own that hasn’t been replicated or found elsewhere. Intellectual property can be anything from scientific inventions and business names to literary and artistic works, designs, symbols, brand logos, names, images, and more.
Intellectual properties (IP) are protected by trademarks (also called badges of origin), copyright, patents, and licences. While they all serve the purpose of protecting your intellectual property, the one thing that differentiates them is the types of IP they each protect. Trademarks, for example, protect brand identifiers like names and logos. Copyright, on the other hand, is concerned with protecting original creative works like books and music. Patents are used mostly to protect scientific, medical and other types of inventions and new processes. Licenses allow others to use your intellectual property under agreed-upon terms.
As a business owner, your business name is your intellectual property, and it falls under trademark protection. By registering your business name as a trademark as soon as you start your business, you gain exclusive rights to it. Failure to do so could lead to issues such as intellectual property theft, brand identity confusion, and legal disputes that may harm your business’s reputation and profitability.
Why Should You Trademark Your Business Name?
Now that you understand trademark protection let's look at some of the key reasons why it is important.
Legal protection
A trademarked business is one that the law recognises and protects. Therefore, as a business owner in the UK, if you want legal protection for your business or brand, it’s crucial to prioritise trademarking it. One advantage of doing this is that if an unauthorised entity uses your brand name to sell a product or offer a service, you can easily take legal action against them.
Brand Recognition
In today’s highly competitive market, exclusivity is something every business owner craves. If you look around you, not only can you easily identify the logos of Starbucks, Uber, KFC, and many more, but you also know the services they render. This is the power of branding and trademarking.
In essence, having a unique and recognisable brand will set you apart from the competition and take your brand reputation to another level. Trademarking your brand ensures that your business name and logo are yours alone, giving you exclusive rights to use them and helping to solidify your brand’s identity in the minds of your customers.
Helps to Stop Market Confusion
As a business owner, if your business is thriving but, for whatever reason, you fail to trademark your brand name, competitors could take advantage of this by releasing products under a name similar to yours. And not only will this competitor steal your customer base, but their actions could also potentially harm or even end your brand. So, to prevent this from happening, it is important that you trademark your brand name to make it stand out from others.
Helps to Solidify Brand Position in the International Market
If you have a unique brand that has the potential to trade in more than one country, then it is absolutely crucial that you trademark the name. Not only will this give your product a distinct identity, but it will also facilitate global expansion.
Increase Your Business Value
You may not know this, but a trademarked business has the potential to be more valuable than its unregistered counterparts. This is due to many reasons, one of which is that a business with a trademark will be able to attract investors and shareholders. Also, if you need a loan to expand your business, having a trademark can make it easier for your business to secure it, as this will demonstrate to lenders that your brand is legally protected and has a solid market presence.
Common Misconceptions About Trademarks
The internet, as we all know, is filled with loads of misinformation about trademarks. One of the most common misconceptions is that trademarking a business is also the same as registering it. To clarify, this information is false! Registering a business name and trademarking it are completely different things. Business registration, for starters, is done to let customers know the legal entity that owns the business.
The name used in the registration is important because it will be used to promote the business. It should, however, be noted that registering your business alone doesn't give you exclusive rights over it, as others could still use the name. A business trademark, on the other hand, distinguishes your business from other products and services. A business trademark goes beyond the brand name; it also covers the business logo, motto, product name, and many more.
Another common misconception peddled by misinformed people is that owning a domain name will automatically give a business owner a trademark right. While a domain name is important for your online presence, it does not provide legal protection against others using a similar name in the same industry. Only a registered trademark offers this protection.
The Trademark Registration Process in the UK
Here's a snapshot of the legal registration process. For more detail, head to our full guide on how to register a trademark.
Step 1: Conducting a Trademark Search
Before you file for a trademark, you need to comb through the UK Intellectual Property Office (IPO) to confirm if another entity hasn’t used your business name. If no one else has used it, then you are free to proceed. If, unfortunately, another business has used the name, you need to choose another business name to avoid legal complications and rejected applications due to existing similar trademarks.
Step 2: Choosing the Right Trademark Class
In the UK, there are 45 trademark classes, covering a wide range of goods and services, including, but not limited to, cosmetics, medical instruments, toys, sporting goods, and many more. As a business owner aiming to trademark your business name, it is important that you select the right class for your business to ensure your trademark protection is comprehensive and relevant.
Step 3: Filing the Application
Once you have confirmed your business name's availability and selected the appropriate class for your business, the next step is to file your trademark application with the UK IPO. The application must include a clear representation of your trademark, whether it is a word, logo, or both, and a detailed description of the goods or services it will represent.
Step 4: Responding to Objections and Oppositions
This part is arguably the most delicate, as you will be required to make yourself available to monitor the progress. This is because after you have filled out the application, it is possible for the UK IPO to spot an error while reviewing your application; therefore, you will need to respond to clarify or amend your application. Additionally, you may also be summoned if other businesses believe that your application infringes on their trademark rights.
Step 5: Completing the Registration and Using the ® Symbol
A trademark is denoted by two symbols (™ and ®). If your application is successful, you will get the ® symbol, which means “REGISTERED”, alongside your business name. This symbol is a public notice of your trademark rights and can deter potential infringers.
On the other hand, the (™) symbol is used beside an unregistered business name. It signifies that the brand has not been officially protected. Although the symbol still gives you common law rights in the UK and some other countries, you can’t sue anyone who misuses the trademark.
Costs and Timeline for Trademark Registration
The cost to register your trademark in the UK varies depending on the number of classes you register for and the complexity of your application. The UK IPO offers two types of applications: the standard online application and the right-start application. A trademark registration solicitor will be able to guide you on which is best suited for your legal needs.
Standard Application
This application is done online, and the fees start at £170 for one class, with an additional £50 for each extra class.
Right start application
This paper application form is for people who can not apply online for one reason or another. The application fee is £200 for one class and £50 (£25 up front plus £25 if you go ahead with your registration) for each additional class.
The timeline for registration usually ranges from 3 to 4 months, assuming there are no objections or oppositions. If your application gets objected to and you don’t want to withdraw it, you can challenge this by going to court or talking to the person making the opposition.
Risks of Not Trademarking Your Business Name
Legal dispute
Without a registered trademark, you are vulnerable to legal disputes if another business claims prior use of a similar name. Such disputes can be costly and may force you to rebrand, losing the brand equity you have built over time. You can consider the case of "Hannah Huntly and Beth Cook", a family-owned UK bakery that has operated under the name for more than two years. When a catering company, Elior UK, based in Staines-upon-Thames in Surrey, asked them to change their name as it was too similar to ‘Barista & Baker’., the company’s protected trademark, the bakery was forced to rebrand to Applaud Coffee.
Inability to expand
If you fail to trademark your business name, you will struggle to expand your business beyond the local market. This is because, for your products to enter the international market, you would need to have trademarked your name to secure exclusive rights and protect your brand from being copied by others in those regions.
FAQs
Is it mandatory to trademark my business name?
No, but it is highly recommended to protect your brand and avoid legal issues.
What happens if someone trademarks a name similar to mine?
If you have already trademarked your business name and find out someone else has trademarked a name similar to yours, you can challenge them to rename their business to avoid confusion. However, before deciding, talk to your attorney first to know your options. ,
Can I trademark a business name similar to another in a different industry?
Yes, trademarks are classified by industry, so similar names can coexist in different classes. A good example of this phenomenon is "Delta," a trademarked name used by both an airline company (Delta Air Lines) and a faucet manufacturer (Delta Faucet). This is permissible because these two companies operate in completely different industries and, therefore, different trademark classes.
How long does a trademark last?
A UK trademark lasts 10 years and can be renewed every 10 years.
Can I trademark my business name internationally?
Yes, but you must apply for trademarks in each country where you seek protection or use international treaties like the Madrid Protocol for broader coverage. Check out the international trademark registration process.
Find Out How We Can Help You
Now that you know what a trademark is, why it is important to trademark your business name, and the process involved in filing for trademark registration, it is time to take the next step. At Lawhive, we have a team of commercial solicitors that know the ins and outs of commercial law and are ready to help you navigate the complexities of trademark registration in the UK.
References:
Register a trade mark from Gov.UK