Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
You’ve picked a company name, bought the domain, set up your socials, and started building real momentum. Then someone tells you to “trademark it” - and suddenly you’re wondering whether you’ve missed a crucial legal step.
If you’re trying to protect your brand properly, registering a trade mark for your company name can be one of the smartest moves you make early on. It can help stop competitors from using a confusingly similar name, and it makes it easier to enforce your rights if someone tries to piggyback on your reputation.
In this guide, we’ll walk you through how trade marks work in the UK, whether you can actually trademark your company name, and the practical steps small businesses can take to register and protect their brand from day one.
What Does “Trademarking A Company Name” Actually Mean?
In the UK, you don’t technically “trademark a company” - you register a trade mark (also commonly written as “trademark”) that protects a sign used in trade.
That sign could be:
- your company name used as a brand (word mark)
- a logo (figurative mark)
- a tagline or slogan
- in some cases, even shapes, colours, or sounds (less common for small businesses)
So when people say “I want to trademark my company name”, what they usually mean is:
- “I want legal rights over the name customers see and recognise”; and
- “I want to stop other businesses using a similar name for similar products/services.”
That’s exactly what a registered trade mark is designed to do.
Company Name vs Brand Name (They’re Not Always The Same)
It’s really common for small businesses to assume that registering a company at Companies House protects the name. It doesn’t - at least, not in the way most founders think.
A Companies House registration mainly prevents another company from registering an identical name, but it does not give you the broad brand protection you get through a registered trade mark.
Also, your “company name” might be different from the name you trade under. If you’re using a trading name, you’ll want to be clear what you’re actually protecting. This is where the difference between Trading Name and your registered company name becomes important.
Do You Need A Trade Mark For Your Company Name If You’re A Small Business?
Not every small business needs to register a trade mark immediately - but many should consider it earlier than they expect, especially if you’re investing in branding or planning to grow.
Registering a trade mark for your company name can be particularly valuable if:
- you’re building a recognisable brand (not just selling one-off services locally)
- you’re investing in packaging, signage, a website, or ads
- you plan to expand to new locations or sell online across the UK
- you’re seeking investors or partnerships (they often ask about IP)
- you’re licensing your brand, franchising, or collaborating with others
What If You Don’t Register A Trade Mark?
You might still have some rights through “passing off” (a type of claim that can protect unregistered brand goodwill). But passing off cases can be complex, time-consuming, and expensive - and you’ll need to prove reputation and customer confusion.
With a registered trade mark, your rights are typically clearer and easier to enforce. It’s a proactive way to protect your business, rather than relying on a dispute later.
Step-By-Step: How To Register A Trade Mark For Your Company Name In The UK
Trade marks in the UK are registered through the UK Intellectual Property Office (UKIPO). While the application process can look straightforward, the real risk is getting the strategy wrong - for example choosing the wrong classes, applying for a mark that’s too descriptive, or missing conflicts with earlier rights.
Here’s the practical step-by-step process.
1) Decide What You’re Registering (Word Mark, Logo, Or Both)
For many small businesses, the most important registration is the word mark (your brand name in plain text). This can protect the name regardless of font or styling.
A logo mark can also be useful, but logos often change over time. If your budget is limited, it’s worth thinking carefully about what will give you the best long-term protection.
2) Check Whether Your Name Is Actually Registrable
Some names can’t be registered because they’re too generic or descriptive. For example, a name that simply describes what you sell (without any distinctive twist) may be refused.
You’ll usually want a name that’s distinctive enough that customers associate it with your business - not a product category.
3) Search For Conflicts Before You Apply
This is one of the most important steps. Even if you’ve searched Google and checked domain availability, that doesn’t mean you’re safe.
Ideally, you should check:
- the UK trade marks register (for identical or similar marks)
- Companies House (for potentially confusingly similar names)
- online presence and market usage (unregistered rights can still matter)
This is where many small businesses get caught out: you can spend time and money building a brand, only to find you’re forced to rebrand because an earlier trade mark owner objects.
4) Choose The Right Trade Mark Classes
Trade marks are registered in “classes” based on the goods and services you offer. The class choice is a big deal:
- Too narrow, and your protection may not cover what you actually do (or plan to do next).
- Too broad, and you may face more objections - plus you might pay more and still not get what you want.
A good rule of thumb: think about what you sell today, and what you realistically plan to sell in the next 1–2 years.
5) File The Application And Budget Properly
Once you apply, UKIPO will examine the application. If it passes examination, it’s published for opposition (meaning other trade mark owners may object), and if there are no successful objections it moves toward registration.
Costs can vary depending on how many classes you choose and whether you use professional help. If you’re budgeting, it’s worth understanding Trade Mark Costs before you commit.
6) Respond To Objections Or Oppositions (If They Come Up)
Sometimes UKIPO raises objections (for example, the mark is too descriptive). Other times, a business might oppose your mark because they think it conflicts with theirs.
This is where tailored legal advice can really matter - because how you respond (and what evidence you provide) can determine whether you secure the registration.
What Rights Do You Get Once Your Trade Mark Is Registered?
Once registered, your trade mark gives you exclusive rights to use that mark in the UK for the goods/services covered by your registration.
In practical terms, it can help you:
- stop competitors using the same or a confusingly similar name
- object to similar marks being registered later
- take action against counterfeit or copycat branding
- protect your reputation if someone tries to mislead customers
- increase business value (trade marks can be licensed or sold)
How Long Does Protection Last?
In the UK, a registered trade mark lasts for 10 years and can be renewed indefinitely (as long as you keep paying renewal fees and continue using it properly).
How Should You Use Your Trade Mark Symbols?
It’s common to see businesses using ™ and ®, but they don’t mean the same thing.
- ™ is often used to indicate you’re treating something as a trade mark, even if it’s not registered.
- ® should only be used once the trade mark is actually registered.
If you want to get this detail right (and avoid accidentally misusing the ® symbol), it helps to understand Trade Mark Signs in your brand and packaging.
Common Mistakes Small Businesses Make With Trade Marks
Trade marks are one of those areas where it’s easy to do something “almost right” - and still end up exposed.
Mistake 1: Assuming Companies House Registration Protects Your Brand
Companies House registration is important for setting up your legal entity, but it’s not a substitute for a trade mark. If you want brand protection, registering a trade mark is usually the stronger option.
Mistake 2: Filing Under The Wrong Owner Name
Trade marks can be owned by an individual or by a company. If you run your business through a limited company, it often makes sense for the company to own the trade mark (so the asset sits with the business).
This can affect tax, licensing, and what happens if the business is sold. This is general information only (not tax advice), so if you’re unsure who should own the IP, it’s worth getting advice based on your situation.
Mistake 3: Picking Classes Based On Guesswork
Your trade mark only protects what you register it for. If you pick the wrong classes, you might not be protected where it matters most - and you may not realise until a competitor appears.
Mistake 4: Not Thinking About Contracts And Brand Use Rules
A trade mark helps you protect your brand externally. But you should also think about internal and commercial protections, like:
- who owns brand assets created by contractors
- how partners are allowed to use your name/logo
- what happens if a collaborator relationship ends
This is where strong agreements matter. For example, if you’re collaborating, an Collaboration Agreement can set clear rules around brand use and IP ownership.
And if you’re sharing sensitive brand strategy (like a product launch or marketing plan), an NDA can help protect that confidential information.
Mistake 5: Forgetting The Rest Of Your IP And Compliance
A trade mark protects your brand sign (name/logo). It doesn’t automatically protect your website content, photos, or written materials - that’s typically handled under copyright.
And if you’re collecting customer data through your website (enquiries, mailing lists, online orders), you’ll also want a compliant Privacy Policy in place to address UK GDPR and the Data Protection Act 2018.
Trade marks work best when they’re part of a broader “protect the business properly” approach.
Key Takeaways
- “Trademarking your company name” usually means registering a trade mark for your brand name (and sometimes your logo) - not simply registering your business at Companies House.
- Trade mark registration can help you stop competitors using confusingly similar names and can make enforcement much simpler than relying on unregistered rights.
- Before applying, you should check for conflicts and make sure your name is distinctive enough to be registrable.
- Choosing the right classes is crucial - too narrow can leave gaps, and too broad can create unnecessary obstacles and cost.
- Once registered, you’ll have exclusive rights in the UK for the goods/services covered, and protection can be renewed every 10 years.
- Trade marks are strongest when supported by good legal foundations, including the right contracts, IP terms, and privacy compliance.
Important: This article provides general information only and doesn’t constitute legal advice. For advice tailored to your business, speak to a qualified professional.
If you’d like help registering a trade mark for your company name (or you want to sanity-check your name before you invest further in branding), you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.


