Trade marks

5 min read

The name you love may already be taken

Registering a company name or a domain gives you no trade mark rights at all. The first time most founders learn that is in a letter from someone who does have them.

Marcus Lindqvist

Partner · Brands & designs

Published

Length

5 min read

In short

Company names and domains confer no trade mark rights.

Earlier owners, not the registry, decide whether to oppose.

Search before you design, print or launch.

The more descriptive the name, the weaker the mark.

Marcus Lindqvist

Partner · Brands & designs

Published

Length

5 min read

In short

Company names and domains confer no trade mark rights.

Earlier owners, not the registry, decide whether to oppose.

Search before you design, print or launch.

The more descriptive the name, the weaker the mark.

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Every mark you have ever trusted was cleared before it was printed.

Companies House is not a trade mark search

Being able to incorporate a company, buy a domain or claim a social handle tells you nothing about whether you can trade under the name. Those registers check for identical entries in their own lists. A trade mark owner's rights reach much further: to similar marks, used for similar goods or services, where customers are likely to be confused.

The UK Intellectual Property Office does not refuse an application because an earlier, similar mark exists. It notifies the earlier owner, and leaves it to them to oppose. That is why a mark can sail through examination and still be lost months later — or be registered and then attacked once the brand is worth attacking.

Clear before you spend

A clearance search looks at registered marks, pending applications and unregistered use across the markets you plan to trade in. It does not guarantee a clean result; it tells you the risk, in writing, before you commission packaging, signage and a launch campaign.

Descriptive names are weak names

A name that simply describes what you sell will usually be refused, and if it is registered it will be hard to enforce. The names that make the strongest marks are the ones marketing teams find hardest to love at first: distinctive, a little strange, and yours alone.

A company name is an entry in a register. A trade mark is a right you can enforce. They are not the same thing.

What to do next

Send us the shortlist and the markets you plan to trade in. A clearance view with a clear risk rating comes back within five working days, at a fixed fee.

More notes

Trade marks

5 min read

The name you love may already be taken

Registering a company name or a domain gives you no trade mark rights at all. The first time most founders learn that is in a letter from someone who does have them.

Marcus Lindqvist

Partner · Brands & designs

Published

Length

5 min read

In short

Company names and domains confer no trade mark rights.

Earlier owners, not the registry, decide whether to oppose.

Search before you design, print or launch.

The more descriptive the name, the weaker the mark.

Marcus Lindqvist

Partner · Brands & designs

Published

Length

5 min read

In short

Company names and domains confer no trade mark rights.

Earlier owners, not the registry, decide whether to oppose.

Search before you design, print or launch.

The more descriptive the name, the weaker the mark.

var(--variable-Hb4vHVAVn)

Every mark you have ever trusted was cleared before it was printed.

Companies House is not a trade mark search

Being able to incorporate a company, buy a domain or claim a social handle tells you nothing about whether you can trade under the name. Those registers check for identical entries in their own lists. A trade mark owner's rights reach much further: to similar marks, used for similar goods or services, where customers are likely to be confused.

The UK Intellectual Property Office does not refuse an application because an earlier, similar mark exists. It notifies the earlier owner, and leaves it to them to oppose. That is why a mark can sail through examination and still be lost months later — or be registered and then attacked once the brand is worth attacking.

Clear before you spend

A clearance search looks at registered marks, pending applications and unregistered use across the markets you plan to trade in. It does not guarantee a clean result; it tells you the risk, in writing, before you commission packaging, signage and a launch campaign.

Descriptive names are weak names

A name that simply describes what you sell will usually be refused, and if it is registered it will be hard to enforce. The names that make the strongest marks are the ones marketing teams find hardest to love at first: distinctive, a little strange, and yours alone.

A company name is an entry in a register. A trade mark is a right you can enforce. They are not the same thing.

What to do next

Send us the shortlist and the markets you plan to trade in. A clearance view with a clear risk rating comes back within five working days, at a fixed fee.

More notes

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