When starting a business in the UK, many entrepreneurs believe that registering their company name at Companies House automatically gives them the right to use that name exclusively. However, this is a common misconception. A Companies House registration and a trademark registration serve very different purposes and only one offers you legal protection for your brand.
Companies House Registration – Setting Up Your Legal Entity
Companies House is the UK’s official registrar of companies. When you register your business there, you create a legal entity that confirms your company’s existence and records important details such as its directors, shareholders, and registered address. This process also ensures that no one else can register exactly the same name as a company within the same jurisdiction. However, what it does not do is give you exclusive rights to use that name in trade. Another business could still operate under the same or a very similar name, so long as they are not infringing trademark law. Companies House registration is therefore about recognising your business legally, not protecting your brand.
What it doesn’t do: Companies House registration does not give you the exclusive right to use your company name in trade. Another business could still use the same or a very similar name for their products or services, as long as they’re not breaching trademark law.
Trademark Registration – Protecting Your Brand
A trademark exists to protect your brand identity. It can include your business name, logo, slogan, or other distinctive brand elements, and in the UK, trademarks are registered through the Intellectual Property Office (IPO) rather than Companies House.
Trademark registration:
- Gives you the exclusive right to use your mark in relation to the goods/services you specify
- Enables you to take legal action against others who use your trademark without permission
- Can cover not only words but also logos, colours, and shapes
- Can be licensed or sold, adding value to your business
Without a registered trademark, even if you have been trading for years, you may find it costly and difficult to prevent others from using a similar brand name.
Why Both Matter
Companies House registration and trademark registration are equally important, but they play very different roles. Companies House registration establishes the legal framework of your business and prevents the same company name from being registered again in the same jurisdiction. Trademark registration, on the other hand, protects the identity of your business in the marketplace. Without trademark protection, there is a real risk that you could be forced to rebrand if another business already holds the rights to a similar name in your sector.
Practical Example
Imagine you register “GreenLeaf Consulting Ltd” at Companies House.
Months later, you discover another business called “GreenLeaf” already holds a trademark for consulting services. They could legally prevent you from using that name in marketing, on your website, or even in conversation with clients.
If your business name is central to your brand and reputation, it is essential to conduct a trademark search before committing to it. Registering your brand as a trademark as early as possible will give you stronger legal rights and greater control over your business identity. Seeking specialist legal advice at this stage can help you avoid costly disputes and ensure your intellectual property is properly safeguarded.
How Carter Bond Solicitors Can Help
Our team advises businesses on all aspects of brand protection, from initial searches and trademark applications to enforcing your rights against infringers. Whether you’re launching a new venture or protecting an established brand, we can help you avoid costly disputes and safeguard your identity.
📞 Get in touch with our Intellectual Property team today to discuss protecting your business name and brand.
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