The many benefits of registering a company name as a trademark
Businesses often want to trademark their business names because it helps them protect their brands. But what does that mean exactly? What are trademarks and how do they work? Let’s take a look.
What is a trademark?
A trademark is a symbol or design that identifies a particular business or product. When someone sees the trademark, they know that the business or product belongs to that specific entity. For example, Nike shoes, Apple computers, and Starbucks coffee are all well known trademarks. They identify those businesses and products, and people recognize them instantly.
How do trademarks work?
Trademarks give businesses legal protection against others trying to copy their branding. If someone tries to use a similar mark without permission, the owner of the trademark can sue that person. In addition, trademarks help consumers make decisions about whether to buy something based on the quality of the product or service.
What is passing off?
Passing off occurs when someone tries pass themselves off as another business or individual. For example, you might try to sell a product under the brand of a famous celebrity. This is called “passing off.” You are trying to deceive customers into thinking that you are selling something endorsed by the celebrity. If a customer buys the product believing that it is endorsed by the celebrity, you could be guilty of passing off.
Unincorporated companies cannot protect the business name through the law. They must use trade marks and registered names. A limited company can protect its business name by registering it through Companies House.
How does forming a limited liability corporation safeguard my business name?
A company name is a legal term used to describe a particular brand or product. If you are planning to start a business, you might want to consider registering a company name. This way, you can legally use the name of your company without fear of someone else taking it away from you.
Registering a company name protects you against another person or entity registering the same name. For example, if you registered the name “Fancy Pants Ltd”, you could not later register the name “Fantastic Pants Ltd” because it is too similar.
You must apply for a Company Name Registration Certificate (CNRC), otherwise known as a UK Limited Company Number. Once you have applied for registration, the Registrar will issue you with the CNRC. You must keep this document safe and secure as it contains information about your company.
If you already have a trading name, you can still register a company name. However, you will need to make sure that the name you choose is different enough to avoid confusion.
The process of applying for a company name varies depending on whether you are a sole trader or a partnership firm. In either case, there is no charge to register a company name.
Trade mark protection
If you want to protect your brand, it’s important to understand how trademarks work. A trademark is essentially a word or phrase that identifies a particular business or product. You can use a trademark to prevent others from using your brand name or logo. If someone else uses your trademark without permission, you could sue them under copyright law. However, there are some exceptions to trademark infringement. For example, if you sell products that are similar to another person’s products, it might be hard to convince a court that you have a valid claim against that person.
There are three main types of trademarks: registered, unregistered, and common law. Registered marks are protected by federal law. Unregistered marks are protected by state laws. Common law marks are protected by both federal and state laws.
To register a trademark, you must file an application with Companies House. This process costs £150 plus VAT. Once you’ve filed your application, you can apply for a trademark through the Intellectual Property Office. You’ll pay £80 plus VAT. To register a trademark online, you can go to www.gov.uk/register-trademark.
You’ll need to provide proof that your trademark is unique. This includes things like logos, packaging designs, advertisements, and slogans. You’ll need to show that people associate your trademark with your business. You’ll also need to prove that your trademark is strong enough to identify your goods and services. You can do this by showing that your trademark is well known among consumers.
Once you’ve completed the paperwork, you’ll receive a certificate of registration. You can renew your trademark every five years.
Frequently Asked Questions
How should you handle any infringers?
If you find yourself in a situation where somebody else has registered a trademark or domain name that looks like yours, there are several steps that you can take to protect your brand. In most cases, you will want to contact the owner of the infringing domain name and ask them to change it. If you do not receive a response, you can file a complaint with ICANN. You can also send a cease and desist letter to the registrar of record, asking them to stop selling the domain name. Finally, you can approach the Company Names Tribunal to object to the registration of a name that is too close to your own.
What is a trademark under “common law”?
A common law trademark is one where the owner of the mark has built up a good reputation for the mark within the marketplace. For example, if you sell coffee beans, you might want to register the word “coffee” as a trademark because people know that you make coffee and they associate the word with your brand. You could even go further and register the design of your logo.
The problem arises when another person starts selling coffee under the same name without having permission from you. In this case, they are committing trademark infringement. However, the owner of the mark does not necessarily have to prove that they did it deliberately. Instead, they must show that they have built up a good reputation and that the public associates the name with their business.
This is called a “common law trademark.” If they succeed, they will be entitled to stop others from using the name or similar marks.