Protecting a company name

[-Chris-]

Background: A very small company, that has just started as a small part time business, while the owner works at their usual permanent employed full-time job, where the turnover from the part-time business / sole trader will be in the region of £200/£400 in the first year. They would like to ensure that the company name is protected, but still continue as a sole trader. They have been advised to go to one of the companies below - anyone vouch for them?

https://www.companiesmadesimple.com/reserve-a-company-name.html

https://www.duport.co.uk/

Any other thoughts?

 

[Deleted member 59730]

Any other thoughts?

Only one way to protect a name and that is to trademark it.

 

[Ashley_Price]

Be careful when using third party companies to do this... they can pile on extra charges that aren't necessary when you do it direct.

I would suggest you/they read through this before they go to someone else:

https://www.gov.uk/how-to-register-a-trade-mark

 

[Scalloway]

You can register a company direct at Companies House for £12 if all you want to do is reserve its name for future use. Remember you need to do the annual filings to keep the company on the register.

https://www.gov.uk/limited-company-formation/register-your-company

 

[-Chris-]

Only one way to protect a name and that is to trademark it.

Thank you. Has anyone here been through the process of trademarking a name? Lengthy process? Costs?

Also, if you trademark an actual company name, does that then prevent someone registering that exact same name at Companies House?

 

[fisicx]

https://uk.trustpilot.com/review/www.duport.co.uk

Doesn't look good

 

[Scalloway]

Thank you. Has anyone here been through the process of trademarking a name? Lengthy process? Costs?

How to register a trademark

https://www.gov.uk/how-to-register-a-trade-mark

QUOTE="-Chris-, post: 2828848, member: 58165"]

Also, if you trademark an actual company name, does that then prevent someone registering that exact same name at Companies House?[/QUOTE]

Trademarking has no effect on Companies House. You need to register a company with them. It may be belt and braces to do both but the cost of registering a company may save you a bit of hassle.

 

[BigPhill]

Thank you. Has anyone here been through the process of trademarking a name? Lengthy process? Costs?

Also, if you trademark an actual company name, does that then prevent someone registering that exact same name at Companies House?

Companies House Registration and officially trademarking a brand name are two separate processes.......... which should both be done in my opinion.

I've got six UK trademarks, you can do the whole process online at the intellectual property office website (IPO)

There's two types of applications:

• A standard application which costs £170 for one class
• A "right-start" application which costs £200. (£100 up front plus £100 if you go ahead with your registration)

As this would be your first application, the right-start service is great if you want to check your application meets the rules for registration.

The whole process takes around three to four months start to finish

• Once you submit your application, you get an "examination report" usually within three weeks, however it can be as quick as a few days (depending on demand)
• If the trademark examiner has no objections to your mark, you will be published in the 'trademark journal' for two months - this is called the opposition period - during this time anybody can oppose the mark
• If no objections are received, your trademark will be registered and you'll get a certificate

If during the 'opposition period' when your trademark is published in the trademark journal and somebody objects, you then have to resolve the issue before any mark can be registered. This varies on a case by case basis.

My first ever trademark ten years ago was objected to by QVC and I won the dispute without any lawyers representing me, so it can be done.

Remember as well as registering a trademark, you need to 'renew' it every ten years (the fee is £200 plus £50 for any additional classes if applicable) - however once your trademark has been granted, you don't have to go through the whole process again as stated above, you simply pay the fee and it's valid for another ten years.

 

[Noah]

WARNING : Trademark registration will lead to attempts to scam you. There are operators out there who scan for new (or expiring) registrations and then send you official-looking letters explaining that you now need to do something (e.g. register in EU, or renew registration) and there's just this small fee to pay, if you'll just sign here, nevermind that blurb on the back...

This is not to deter you from registering in the first place - just be aware that you will be a target for the unscrupulous!

 

[-Chris-]

registering a trademark, you need to 'renew' it every ten years (the fee is £200 plus £50 for any additional classes if applicable) - however once your trademark has been granted, you don't have to go through the whole p

Thanks for that, so on right start, 100 upfront, when is the other 100 paid?

 

[-Chris-]

You can register a company direct at Companies House for £12 if all you want to do is reserve its name for future use. Remember you need to do the annual filings to keep the company on the register.

https://www.gov.uk/limited-company-formation/register-your-company

Thank you. I guess you can't do it on that basis, while actively trading as a sole trader?

 

[ethical PR]

@-Chris-

What is it that you are actually trying to achieve? Is you want to trademark a business name then you don't need to register a company. Many company names are nothing to do with the names they trade under.

You will of course need to make sure you have and register the domain names for your brand/trademark name, before applying for your trademark.

 

[ethical PR]

Thanks for that, so on right start, 100 upfront, when is the other 100 paid?

Have you looked at the links kindly given to you earlier in this thread? They give you the detail of what you need to know to make your application.

As @BigPhill mentioned earlier, you pay the other £100 when you decide to go ahead with this application .

 

[-Chris-]

Have you looked at the links kindly given to you earlier in this thread?

I looked at all the links, thank you for your interest.

 

[-Chris-]

@-Chris-
What is it that you are actually trying to achieve? Is you want to trademark a business name then you don't need to register a company. Many company names are nothing to do with the names they trade under.

Need to protect both, company name and trademark.

 

[ethical PR]

Need to protect both, company name and trademark.

Then you can do both directly yourself, you don't need a third party to do this for you.

 

[-Chris-]

Companies House Registration and officially trademarking a brand name are two separate processes.......... which should both be done in my opinion.

I've got six UK trademarks, you can do the whole process online at the intellectual property office website (IPO)

There's two types of applications:

• A standard application which costs £170 for one class
• A "right-start" application which costs £200. (£100 up front plus £100 if you go ahead with your registration)

• 
  
  Thanks for this Phill, on the 2nd option, how long before you have to pay the 2nd £100 if you want to go ahead with it. Are we talking days, weeks?

 

[BigPhill]

• 
  
  Thanks for this Phill, on the 2nd option, how long before you have to pay the 2nd £100 if you want to go ahead with it. Are we talking days, weeks?

If I remember correctly, i think it's around 14 days after you've received the examination report, however this timescale may have changed.

 

[-Chris-]

If I remember correctly, i think it's around 14 days after you've received the examination report, however this timescale may have changed.

Thanks Phill, that's the bit I was wondering about.

 

[ethical PR]

• 
  
  Thanks for this Phill, on the 2nd option, how long before you have to pay the 2nd £100 if you want to go ahead with it. Are we talking days, weeks?

Hi Chris

The reason I asked you if you had looked at the links you were given including https://www.gov.uk/how-to-register-a-trade-mark/apply is because it walks you through the process and answers many of the questions you are asking here.

For example, it confirms that you need to pay the second £100, within 14 days of getting the initial report.

Honestly it really is quite a straightforward process, I have applied for four or five myself and unless you are going for multiple classes, in the majority of cases the the guidance on the .gov.uk and IPO site is really helpful and gives you what you need to know.

 

[TODonnell]

On the blog at the site in my footer, there's a post about this, wot I wrote. Just search on 'IPO'.

Small businesses often want to 'protect a name' but need to decide what their ultimate goal is, or even if it's worth the bother.

 

[Deleted member 59730]

I think you are confusing a brand with a company and what makes a good brand name. Unilever is a company name. Look up all the brands they own. There are scores.

Apple is the biggest brand in the world but it doesn't include the word "computers" in it.

 

[Paul Kelly ICHYB]

Registering a company does not protect the name.