How to Copyright or Trademark a Business Name (UK)

Protecting your business name is one of the most important steps you can take as a UK business owner. However, there is a common misconception about how this protection works. You cannot copyright a business name — but you can trademark it. Understanding the distinction between copyright and trademarks, and knowing how to register a trademark through the UK Intellectual Property Office (IPO), will help you safeguard your brand, prevent competitors from trading under a confusingly similar name, and build lasting commercial value in your business identity.

Trademark vs Copyright: What Is the Difference?

Copyright and trademarks are both forms of intellectual property (IP) protection, but they serve fundamentally different purposes and are governed by different legislation.

Copyright

Copyright is governed by the Copyright, Designs and Patents Act 1988 (CDPA). It protects original literary, dramatic, musical, and artistic works, as well as sound recordings, films, broadcasts, and typographical arrangements. Copyright arises automatically when a qualifying work is created — there is no registration process in the UK. However, copyright does not protect names, titles, slogans, or short phrases. This means you cannot rely on copyright to protect a business name.

Trademarks

A trademark is a sign that distinguishes the goods or services of one business from those of another. Trademarks are governed by the Trade Marks Act 1994. A trademark can be a word, phrase, logo, shape, colour, sound, or a combination of these. Unlike copyright, trademark protection in the UK requires formal registration with the Intellectual Property Office (IPO), although unregistered trademarks may attract limited protection through the common law tort of passing off.

In summary: copyright protects creative works automatically; trademarks protect brand identifiers and require registration for full legal protection.

Companies House Registration vs Trademark Registration

Many business owners assume that registering a company name with Companies House provides trademark protection. This is not the case. Companies House registration simply reserves a company name for use as a legal entity — it prevents another limited company from being incorporated under the same name, but it does not grant any exclusive right to use that name as a brand or trading name. Another business could trade under a very similar name as a sole trader or partnership without breaching Companies House rules.

To secure exclusive rights to use a business name in connection with specific goods or services, you must register it as a trademark with the IPO. A registered trademark gives you the legal right to prevent others from using an identical or confusingly similar mark in relation to the goods or services covered by your registration.

Step-by-Step: How to Register a Trademark with the IPO

The process of registering a trademark in the UK typically takes around four months from application to registration, assuming there are no objections or oppositions. The key steps are as follows:

Step 1: Choose a Strong, Distinctive Mark

The IPO will refuse to register marks that are descriptive, generic, or non-distinctive. The strongest trademarks are invented (or "coined") words — names that have no existing dictionary meaning, such as well-known brand names like Kodak or Google. Suggestive marks (which hint at a quality without directly describing it) can also be registered, but purely descriptive terms (such as "Fast Delivery Services") will be refused. Avoid using geographical names, common surnames, or laudatory terms (such as "Best" or "Premium") as standalone marks, as these are difficult to register.

Step 2: Search the Existing Register

Before applying, search the IPO's trademark register to check whether an identical or similar mark is already registered for the same or similar goods or services. You can search for free on the IPO's online trademark search tool. You should also check the EU Intellectual Property Office (EUIPO) database and conduct a broader internet search to identify any unregistered marks that could give rise to a passing off claim.

Step 3: Identify Your Nice Classification Classes

Trademarks are registered in relation to specific classes of goods and services under the Nice Classification system (an international classification maintained by the World Intellectual Property Organization). There are 34 classes for goods and 11 classes for services — 45 classes in total. You must select the classes that cover the goods or services your business provides. For example, Class 35 covers advertising and business management services, Class 41 covers education and training, and Class 42 covers scientific and technological services. Choosing the right classes is critical: your trademark only protects you in the classes you register.

Step 4: Submit Your Application to the IPO

Applications can be submitted online or by post. The current fees are:

• Online application: £170 for one class, plus £50 for each additional class
• Postal application: £200 for one class, plus £50 for each additional class

The IPO also offers a "Right Start" service, which allows you to pay a reduced initial fee (£100 online) to have your application checked before committing to the full fee. If the IPO identifies issues, you can withdraw without losing the full application fee.

Step 5: Examination by the IPO

After submission, an IPO examiner will review your application to check that the mark meets the requirements of the Trade Marks Act 1994. The examiner will check that the mark is distinctive, not descriptive, not contrary to public policy, and does not conflict with earlier registered marks. If objections are raised, you will have an opportunity to respond and provide arguments or evidence in support of your application.

Step 6: Publication and Opposition Period

If the examiner is satisfied, your mark will be published in the Trade Marks Journal for a two-month opposition period. During this time, any third party can oppose your registration if they believe it conflicts with their existing rights. Oppositions are relatively uncommon for genuinely distinctive marks, but they can arise where there is a similarity to an existing mark.

Step 7: Registration

If no opposition is filed (or any opposition is resolved in your favour), the IPO will register your trademark and issue a certificate of registration. The entire process typically takes approximately four months from application to registration.

After Registration: Maintaining and Enforcing Your Trademark

Once registered, a UK trademark is valid for ten years from the date of filing and can be renewed indefinitely in ten-year periods. Renewal fees are currently £200 for one class (online) plus £50 for each additional class. To maintain your registration, the mark must be put to genuine use in the UK in relation to the registered goods or services within five years of registration. A mark that is not used for a continuous period of five years may be vulnerable to revocation by a third party.

As a registered trademark holder, you can:

• Use the ® symbol next to your mark to indicate that it is registered
• Take legal action for trademark infringement against anyone who uses an identical or confusingly similar mark in relation to the same or similar goods or services
• License your trademark to third parties, generating royalty income
• Sell or assign your trademark as a business asset
• Use your registration to challenge infringing domain name registrations through dispute resolution procedures

Trademark Infringement and Enforcement

Trademark infringement occurs when a third party uses a sign identical or similar to your registered mark, in relation to identical or similar goods or services, without your consent. The Trade Marks Act 1994 sets out the grounds for infringement and the remedies available, which include injunctions, damages or an account of profits, and delivery up or destruction of infringing goods.

The Intellectual Property (Unjustified Threats) Act 2017 is also relevant to enforcement. This Act reformed the law on unjustified threats of infringement proceedings. Under the Act, if a trademark holder makes threats of infringement proceedings that are found to be unjustified, the recipient of the threat may bring a claim for damages, a declaration that the threats are unjustified, and an injunction to prevent further threats. This means that enforcement must be handled carefully and proportionately — ideally with professional legal advice.

In practice, the first step in enforcing a trademark is usually to send a cease and desist letter to the infringing party, setting out the registered rights, the alleged infringement, and the action required to resolve the matter. Many disputes are resolved at this stage without the need for court proceedings.

International Trademark Protection

A UK trademark registration only provides protection within the United Kingdom. If your business operates internationally, you may need to consider additional registrations. Key options include:

• EU Trade Mark (EUTM): A single registration covering all EU member states, filed through the EUIPO. Note that since Brexit, UK businesses must file separately for EU and UK protection.
• Madrid Protocol: An international system administered by the World Intellectual Property Organization (WIPO) that allows you to file a single application designating multiple countries. The UK is a member of the Madrid Protocol, making it a cost-effective route to multi-country protection.
• National filings: Direct applications to the intellectual property offices of individual countries.

If you trade or plan to trade overseas, it is advisable to seek specialist IP advice to develop a registration strategy that covers your key markets.

How Policy Pros Can Help

Protecting your business name and intellectual property is a critical part of building a successful business. Policy Pros provides legal document writing services to help UK businesses with the documentation they need, including terms and conditions, licensing agreements, and IP-related policies. We also offer a thorough policy document reviewing service to ensure your existing business documents are accurate, up to date, and legally sound.

Whether you are a start-up looking to establish your brand or an established business seeking to strengthen your IP position, Policy Pros can help you put the right documentation in place. Contact us today to discuss your requirements.