Choosing a business name is one of the first steps when starting a company, but have you considered trademarking it? Securing a trademark for your business name can protect your brand, prevent imitation, and add value to your enterprise. However, it also involves costs, legal considerations, and ongoing maintenance.
This guide explains how UK trademark registration works, how much it costs in 2026/26, the typical timescales involved, and whether trademarking your business name is the right move for your small business.
| Aspect | Trademarking a Business Name | Using a Business Name Without Trademark |
|---|---|---|
| Legal Protection | Exclusive rights to use the name for registered categories | No exclusive rights; risk of others using similar names |
| Cost | From £170 (plus £50 per additional class) at IPO | No upfront cost |
| Time to Register | Usually 4–6 months if no objections | Immediate use but no formal registration |
| Duration of Protection | 10 years, renewable indefinitely | Protection depends on common law use, harder to enforce |
| Enforcement | Stronger legal grounds to prevent misuse | Limited; relies on passing off laws |
What Is a Trademark and Why Does It Matter?
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Check Name Availability →A trademark is a legal sign that distinguishes the goods or services of one business from those of others. In the UK, trademarks can include words, logos, colours, sounds, or a combination thereof. Registering your business name as a trademark with the UK Intellectual Property Office (IPO) gives you exclusive rights to use that name in connection with particular goods or services.
Without trademark protection, your business name may be vulnerable to imitation or misuse by competitors, which can damage your reputation and dilute your brand identity. While Companies House registers your company name, this does not grant trademark rights — it simply prevents another company registering the same name at Companies House. Trademark registration covers broader protection in the marketplace.
How to Register a Trademark in the UK
Registering a trademark involves several key steps. You begin by searching the IPO’s trademark database to check if your desired name or similar marks are already registered. This reduces the risk of your application being rejected due to conflicts.
Once you are confident your trademark is available, you file an application with the IPO, specifying the classes of goods or services you want to protect. The current 2026/26 application fee is £170 for one class, with an additional £50 for each extra class.
Steps to Register Your Business Name as a Trademark
- Search the IPO Database: Use the UK IPO’s online search tool to check for existing trademarks.
- Decide on Classes: Determine which classes of goods or services your trademark will cover. For example, class 35 covers advertising and business services.
- File Your Application: Submit your application online via the IPO website, paying the appropriate fees.
- Examination: The IPO examines your application for compliance and potential conflicts.
- Publication: If accepted, your trademark is published for opposition, allowing third parties to object within two months.
- Registration: If no objections are raised or they are resolved, your trademark is registered, and you receive a certificate.
The process typically takes four to six months if no oppositions arise. If there are objections, the process can take longer.
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How Much Does Trademarking a Business Name Cost?
In 2026/26, the official UK IPO fees for trademark applications are as follows:
- £170 for the first class of goods or services
- £50 for each additional class
- Renewal fee of £200 every 10 years
The number of classes you choose will significantly affect your costs. For example, protecting your business name for both clothing (class 25) and advertising services (class 35) means paying for two classes.
Additional costs to consider include professional fees if you use a trademark attorney or specialist, which can range from £200 to £600 depending on complexity. However, many small business owners successfully apply without professional help by using the IPO’s guidance.
Is Trademarking Worth It for Small Businesses?
Trademarking can be a valuable investment, particularly if your business name is central to your brand identity or you plan to scale or franchise your business. It provides a strong legal foundation to prevent others from exploiting your brand.
However, trademark registration is not always necessary or cost-effective for every small business. If you operate locally, have a unique name with little competition, or your business is in its early stages, you might prioritise other investments first.
Consider the following factors:
- Business growth plans: Expanding nationally or online increases exposure and risk of infringement.
- Uniqueness of name: Common names are harder to trademark and enforce.
- Budget: Registration and enforcement costs need to fit your financial plan.
- Use of name: Whether you use logos or word marks, and the classes of goods/services.
Alternatives to Trademarking
If trademarking is not suitable right now, you can rely on unregistered trademark rights through ‘passing off’ laws, which protect your goodwill built through using your business name. This protection is more limited and harder to enforce but can still offer some recourse if another business tries to copy your name locally.
Maintaining and Enforcing Your Trademark
Once registered, your trademark lasts for 10 years, after which you must renew it by paying a renewal fee of £200 to the IPO. You can renew indefinitely every 10 years, ensuring continued protection.
Enforcement is your responsibility. If someone uses your trademark without permission, you can send a cease and desist letter, negotiate settlements, or take legal action through the courts. Having a registered trademark strengthens your position significantly.
It’s important to actively use your trademark in commerce. Failure to use it for five consecutive years can lead to cancellation for non-use, so maintain consistent use of your business name under your trademark.
How Trademarking Works Alongside Company Name Registration
Registering your company name at Companies House protects it from being used by another company, but this protection is limited to company registrations only. It does not stop other businesses from trading under the same or similar name unless you hold a trademark.
For example, you can have a business called “Green Leaf Solutions Ltd” registered at Companies House, but without trademark registration, another company could trade under “Green Leaf Solutions” or a similar name outside company registration, potentially confusing customers.
Trademark registration therefore provides a broader scope of protection across the entire UK marketplace.
Key Takeaways
- A trademark gives you exclusive rights to use your business name in specific classes of goods or services.
- The UK IPO charges £170 for the first class and £50 for each additional class when registering a trademark.
- Registration typically takes 4–6 months if there are no objections.
- Trademark protection lasts 10 years and can be renewed indefinitely.
- Companies House registration does not confer trademark rights or exclusive use.
- Decide to trademark based on your business growth plans, budget, and the uniqueness of your name.
Can I trademark a business name that is already registered at Companies House?
Yes, but Companies House registration does not guarantee trademark rights. You must check if the name is available for trademark registration within your chosen classes through the UK IPO database.
How long does UK trademark registration take?
The process usually takes about four to six months if there are no objections or oppositions. If issues arise, it can take longer to resolve.
Is it expensive to enforce a trademark?
Enforcement costs vary depending on the situation. Sending cease and desist letters can be low cost, but legal proceedings may be expensive. Having legal advice early can help manage costs effectively.
Official Sources
* GOV.UK: Set up a business · * HMRC: Income Tax rates · * HMRC: Corporation Tax · * HMRC: VAT registration
