Does registering a company name protect my brand?

Companies House won't register a new company with a name that's the same as one already on its index (section 66 of the Companies Act 2006). It can also direct a company to change a name that's too like an existing one (section 67 of the Companies Act 2006).

That's where the protection stops. A company name doesn't:

• stop sole traders, partnerships or other companies using a similar name as a trading name or brand
• stop someone using the name online, on social media or on products
• give you any rights in a logo
• protect you if someone else already has a trade mark. Companies House doesn't check the trade mark register, so your company could still infringe and have to rebrand

The same goes for a domain name or a sole trader's trading name.

A registered trade mark gives you exclusive rights in the mark across the UK for the goods and services it's registered for (section 9 of the Trade Marks Act 1994). Under section 10 of the Trade Marks Act 1994, someone infringes it if, in the course of trade, they use:

• an identical sign for identical goods or services, or
• an identical or similar sign for identical or similar goods or services, where the public is likely to be confused

A mark with a reputation also gets protection against use that takes unfair advantage of it or harms it, even on different goods.

Registration lasts 10 years and can be renewed every 10 years. It can be revoked if it isn't put to genuine use for a continuous 5 years (section 46 of the Trade Marks Act 1994).

The basic steps:

1. Search the IPO trade mark register, the Companies House register and the web for similar names in your field.
2. Choose your classes: the goods and services you want the mark to cover.
3. Apply online: £205 for one class plus £60 for each extra class (fees from 1 April 2026).
4. Examination and publication: the IPO checks the application and publishes it so others can oppose it. If there are no issues, registration usually takes 3 to 4 months.

Descriptive or common words, like "Best Plumbing", are usually refused because they don't tell customers who you are (section 3 of the Trade Marks Act 1994). A UK registration covers England, Wales, Scotland and Northern Ireland, but not other countries.

If a company is registered with a name that's the same as, or close enough to suggest a connection with, a name in which you have goodwill, you can object to a company names adjudicator at the Company Names Tribunal (section 69 of the Companies Act 2006). This is designed for opportunistic registrations.

The company then has to show a defence, for example that it registered the name before you built your goodwill, adopted it in good faith, or that your interests aren't significantly affected. Even if it registered first, the objection still succeeds if its main purpose was to get money from you or stop you registering the name. If you win, the adjudicator can order the name to be changed.

Without a registered trade mark, you may be able to rely on passing off. You'd need to show that customers associate the name with your business (goodwill), that the other business has misrepresented a connection with you in a way likely to deceive the public, and that this has damaged or is likely to damage your business.

Passing off is harder and more expensive to prove than trade mark infringement, because you need evidence of reputation and confusion. That's the main reason to register.