How To Trademark A Business Name: Protecting Your Brand And Event

Here's something we love to see. Earlier this year, a record-breaking number of UK trade mark applications were filed with the UK Intellectual Property Office (UK IPO). More businesses are recognising the importance of protecting what they've built - but too many still believe trade marks are only for large companies. The truth is, learning how to trademark a business name is just as important for start-ups and SMEs as it is for household brands. After all, your name, reputation and brand deserve protecting, no matter the size of your business.

What is a trade mark?

Whether you're just starting out in business or you've been in the game for a while, filing a trade mark can feel like one of those tasks that's easy to put off. They're often pushed down the to-do list because they seem complicated, expensive or simply not relevant.

The truth is, you're not alone. The UK IPO has been working to help more small and medium-sized businesses (SMEs) understand the value of trade mark protection, as it's still an area that's widely misunderstood.

Understanding intellectual property

We can't talk about trade marks, without also talking about intellectual property (IP). The law classes intellectual property as 'creations of the mind' - i.e. not physical items - that have commercial value. To simplify, this is anything you've created that has value to your business. Examples: a brand logo, software source code, books, photographs, a recipe, to name a few.

A trade mark is one of the four main categories of IP (along with copyrights, patents and registered designs) and is a way for customers to recognise that a product or service comes from a particular business. It could be a business name, logo, slogan or another distinctive feature that sets your brand apart. Registering your trade mark gives you stronger legal protection and helps safeguard one of your business's most valuable assets - its identity and reputation.

Why trademarking matters

Think of a trade mark as legal protection for your brand.

Protect your brand identity

Your brand is how customers recognise and remember you. Event brands in particular often rely heavily on reputation and recognition, making a distinctive name especially valuable.

A registered trade mark helps stop others benefiting from the reputation you've built. It helps secure the identity that customers associate with your business, making it easier to stop others from using something confusingly similar.

A trade mark can protect:

• Business names

• Event names

• Logos

• Taglines/slogans

• Product or service names

Visit gov.uk to learn what you cannot trade mark.

Prevent costly disputes

Without trade mark protection, another business could register a similar name or even challenge your right to use your own. This can lead to expensive legal disputes, customer confusion and, in some cases, the need to rebrand entirely. Registering a trade mark gives you a much stronger legal position should a dispute arise.

Increase business value

Registered trade marks are intellectual property and can become valuable business assets. As your reputation grows, so does the value of your brand, making it an attractive - and protected - asset that can be licensed, sold or used to support future business growth, investment or expansion.

™ vs. ® - What do these symbols mean?

You've probably noticed the little ™ or ® symbol next to a business name or logo before.

The ™ symbol can be used when you're claiming a name, logo or slogan as your brand, even if it hasn't been officially registered. It lets others know that you consider it to be part of your business identity, but it doesn't give you the legal protection of a registered trade mark.

The ® symbol, on the other hand, can only be used once your trade mark has been officially registered with the relevant intellectual property office, such as the UK IPO. Using the ® symbol without a registered trade mark is against the law and could result in legal action.

If you're serious about building your brand, moving from ™ to ® is an important step in securing the identity you've worked hard to create.

The cost of not trademarking

One of the most common reasons we hear for delaying a trade mark application is the perceived cost. But after years of working with businesses, we'd argue the bigger question is: what could it cost if you don't?

Unfortunately, many businesses only start thinking about trade marks when a problem arises. By then, it can be too late - and far more expensive than registering your brand in the first place.

If another business successfully challenges your name or registers a confusingly similar one, you could find yourself having to rebrand completely. That doesn't just mean a new logo. It could involve replacing signage, updating your website, redesigning marketing materials, changing social media handles and rebuilding the brand recognition you've worked so hard to earn.

There's also the risk of confusing existing customers, damaging your reputation and losing valuable search engine rankings if you're forced to change your business or event name. Add legal fees and the time spent resolving disputes, and the costs can quickly escalate.

Compared to the potential financial and reputational impact of a rebrand, registering a trade mark is often a relatively small investment that can save significant time, money and stress in the future.

When should you trademark?

If you've made it this far, you've probably realised just how valuable a registered trade mark can be. So, when's the right time to protect your brand?

In an ideal world, the answer is as early as possible. Registering your trade mark before your business grows can save you time, money and unnecessary headaches further down the line.

Some of the best times to apply include:

• Before launching your business

• Before investing heavily in your branding

• Before exhibiting at trade shows or industry events

• Before franchising or licensing your business

• Before expanding into new markets or internationally

Already established? Don't worry, you haven't missed the boat. Whether you've been trading for six months or six years, registering a trade mark can still protect the reputation you've built and give you greater confidence as your business continues to grow.

How to trademark a business name in the UK

If you're ready to protect your brand, the UK Government website is the best place to start. It provides clear guidance on the application process, eligibility and current fees.

Visit this page. 

Here's a simple overview of what to expect:

1. Search the trade mark register

Before applying, search the UK IPO trade mark database to check whether a similar name or logo has already been registered. This can help you avoid potential conflicts and reduce the risk of your application being rejected.

2. Choose the right trade mark classes

Trade marks are registered against specific goods and services, which are grouped into 45 different classes. You'll need to select the classes that best reflect what your business offers now and what you expect it to offer in the future.

3. Submit your application

Complete your application through the UK IPO and pay the relevant fee. The cost starts from £205 for one class, with additional fees if you're registering in multiple classes. Visit this page.

4. Wait for the IPO's decision

The UK IPO will examine your application to make sure it meets the legal requirements before publishing it for public review. If there are no successful objections during the publication period, your trade mark will be registered and protected for 10 years, after which it can be renewed.

Final Thoughts

Building a strong brand takes time, effort and investment. Protecting it doesn't have to. If trademarking has been sitting on your to-do list, consider this your sign to move it to the top.

Here are some other useful articles on the topic

'Confetti and copycats: protecting your brand this wedding season' by The Chartered Institute Of Trade Mark Attorneys

'Common misconceptions about trade marks' by Swindell & Pearson

'Understanding 5 most common reasons for trademark registration refusal in the United Kingdom' by Trama

'UK Trade Marks - The Basics' by Mewburn Ellis

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