1. What Is a Trademark?
A trademark is a legal protection for a business name, logo, slogan, or symbol that distinguishes your products or services from others. Trademarking a name gives you exclusive rights to use that name in your industry and prevents others from copying or misusing it.
2. Why Trademark a Name?
Trademarking a name provides:
- Legal ownership and protection
- Exclusive commercial rights to the name
- Ability to take legal action against infringement
- Stronger brand identity and trust
- Useful asset in franchise, licensing, and sales agreements
3. When Should You Trademark a Name?
Trademark your name as early as possible—ideally before launching your business. This avoids future disputes, ensures brand consistency, and protects your marketing efforts.
4. What Can Be Trademarked?
You can trademark:
- Business names
- Product names
- Slogans or taglines
- Logos and designs
- Shapes, sounds, and colors (in certain cases)
The name must be unique, distinctive, and not descriptive or generic in your industry.
5. What Cannot Be Trademarked?
You can’t trademark:
- Offensive or misleading terms
- Generic words related to the product (e.g., “Coffee” for a café)
- Names that are too similar to existing trademarks
- National flags, official symbols, or protected emblems
6. How to Trademark a Name in the UK
- Search the UK Intellectual Property Office (IPO) database
Make sure your desired name isn’t already registered or too similar. - Prepare your trademark application
Include:- The name or logo
- Goods/services categories (Nice Classification)
- Applicant information
- Submit the application online at the UK IPO website
Pay the filing fee (£170 for one class, £50 per additional class). - Wait for examination and publication
The IPO reviews your application and publishes it for opposition. - Receive approval if there are no objections after 2 months.
7. How Long Does a Trademark Last?
A UK trademark lasts for 10 years and can be renewed indefinitely for additional 10-year periods.
8. Trademarking a Name Internationally
To protect your brand outside the UK, consider:
- EUIPO for protection across the European Union
- WIPO Madrid System for international coverage in over 120 countries
- Filing directly in each individual country, if needed
9. Costs of Trademarking a Name
- UK filing fee: Starts at £170
- Professional legal help (optional): £200–£1,000+
- International trademarks: Higher costs depending on jurisdictions
10. Trademark Symbols and Usage
- ™: Use this symbol for unregistered trademarks to show intent
- ®: Only use this once your name is officially registered
Using ® without a valid registration is illegal in the UK.
Frequently Asked Questions
Do I need a lawyer to trademark a name?
No, but legal help can improve your application and prevent errors.
Can I trademark a name I’m not using yet?
Yes, but you should plan to use it soon in commerce.
What if someone opposes my trademark?
You’ll have a chance to respond, settle, or amend your application.
Does a company registration protect the name?
No, only a trademark provides exclusive brand rights.
Can two businesses have the same name?
Yes, if they operate in different industries or regions and do not cause confusion.
How long does the process take?
Usually 3–4 months, assuming no objections.
Conclusion
Trademarking a name is one of the smartest moves a business can make to protect its identity, gain legal control, and build brand recognition. By registering your name early and following the correct steps, you secure your business’s reputation and prevent costly disputes.