As a Trademark Registrar who has been in business since 2009 it still amazes us how many times, we encounter seasoned business owners with an amazing brand and when we ask if it is trademarked, they say “It’s okay, I have the company name” …
So, what sort of protection do you get from a registered name on Companies House?
When you register a company name with Companies House, you (like most) probably assume that your name is now protected from use by others. However, it’s important to understand the level of protection this registration provides, and the limitations involved.
The Role of Companies House
Companies House is the UK’s registrar of companies. Its primary function is to incorporate and dissolve limited companies and maintain the official register of all businesses operating in the UK.
When you register your company with Companies House, your business name is entered into this public register, no other company can be incorporated with an identical or very similar name within the same class of business.
Limited Name Protection
Registering a company name with Companies House does offer a certain level of protection, but this protection is relatively limited. The main aspects of this protection include:
- Exclusivity in Registration: Once your company name is registered, no other company can be registered with the same name or a name that is sufficiently similar within the same category of business. This helps prevent confusion in the marketplace, ensuring that your company has a distinct identity.
- Company Law Protections: Under company law, if another entity attempts to register a name that is too similar to yours, Companies House may reject their application. Additionally, if a name is registered that is too similar to an existing one, the original company can challenge it, possibly forcing the newer company to change its name.
However, this protection does not extend beyond the name’s registration with Companies House. It doesn’t prevent other businesses from using the name in other capacities, such as in branding, domain names, or trademarks.
So what about Brands? Are all brands companies?
The obvious answer is no.
Look at how many trademarks Nike, Tesco, Aldi etc. own.
Think about smaller businesses, how many have trading styles? The Trademark Helpline for example is a trading style of 84i Limited.
It is the the Trademark we own that gives us the power to enforce our rights whether another “Trademark Helpline” appears at Companies House, on social media, on the web, our trademark allows us to enforce our rights.
The Need for Trademark Registration
To gain comprehensive protection for your company name, including protection against its use by others in different industries or geographical locations, you should consider registering it as a trademark with the Intellectual Property Office (IPO). Unlike Companies House, which only registers business names, the IPO provides broader protection by securing exclusive rights to the name in specific categories of goods and services.
By registering a trademark for your company name, you ensure that no one else can use a similar or identical name for the same type of products or services. This legal protection is enforceable in court and allows you to take action directly with platforms like Companies House, Social Media and E-Commerce sites like Amazon, and provides an essential legal registration and safeguard for your name, logo, tagline or sounds identity.
Common Misconceptions
One common misconception is that registering a company name with Companies House automatically grants you trademark rights. This is not the case.
With that being said, this is not to say that if you have been trading with a name for a number of years that the goodwill and trading history counts for nothing, far from it! However, without a Trademark often it is costly to fight your position in court and to provide a level of proof that you are entitled o the name if somebody else has already registered the trademark.
Trademark Trolling
Be warned if you have an established brand that does not have a trademark you could become a victim of Trademark Trolling. This is where unscrupulous companies register your trademark and then effectively hold it to ransom demanding exorbitant sums of money to buy your own brand from them. Often it is the case that it is more commercially viable to settle with the opportunists than to risk losing in court and having to pay theirs and your legal costs.
A famous example of Trademark Trolling is below:
The Sandwich Shop vs Iain Buchan
Do I need to register a Trademark if it’s my name?
Regardless of whether it’s you name, if you want to avoid other people in your sector from passing off as you, then you should trademark.
Paul Dell vs Dell Inc.
Paul Dell who had been trading under ‘Dell Web Sites’ since 1996, was sent a cease-and-desist letter by computer gain Dell Inc. in 2001.
You can read what happened below:
Conclusion
While registering your company name with Companies House provides a degree of protection within the UK’s corporate registry, it does not offer comprehensive protection against all potential uses of the name. For robust protection of your brand and business identity, consider registering your company name as a trademark with the Intellectual Property Office to ensure exclusive rights and prevent others from capitalising on your business’s reputation.
The first step is a to carry out a comprehensive Brand Audit so you clearly understand your options and can make an informed decision on the next steps.
Protecting your Name, Logo, Tagline or Sound with a professional UK trademark registration with us generally works out at less than 15p per, why wouldn’t you try and protect it?
