Protecting Your Brand After Incorporation: UK Trademarks and IP

The Common Myth

Most founders arrive at incorporation with one belief:

"If I register my company name at Companies House, nobody else can use it, so my brand is protected."

This is wrong in two distinct ways, and the gap between the belief and the law causes real problems.

Companies House does not check trademark conflicts. It registers the name you provide against the register of company names. It does not search the Intellectual Property Office trademark database, it does not search trading names, domains, or prior use in commerce. You can incorporate a company named after a famous brand and be entirely legal doing so — with substantial exposure to a trademark infringement claim once you trade under it.

Company registration and trademark protection are different systems. Companies House is a register of legal entities. The IPO is a register of marks. Neither substitutes for the other.

[!WARNING] Forming a company with a name you do not have rights to does not protect you. In the worst case, the trademark owner can sue for infringement, and you face an injunction that stops you trading — with your formation costs already sunk.

What IP Protection Exists in the UK

The UK has three relevant regimes, all originating automatically or requiring registration.

Copyright

Automatic, no registration required. Protects original expression: text, code, images, music, video, designs as artistic works, and databases.

Copyright does not protect: names, logos as a brand identifier, product ideas, business methods, or the general appearance of a functional product.

Designs

Automatic for 10 years. Protects the appearance of a product — shape, configuration, surface decoration, ornamentation — as distinct from how it works.

Trade marks

Registration required for the full benefit. Protects brand identifiers:

• Words
• Logos
• Names
• Shapes
• Sounds
• Colours
• Any combination

Trade marks are the only mechanism that stops someone else from trading under your name.

What a Trade Mark Protects

A registered UK trade mark gives the owner the exclusive right to use that mark for specified goods or services. Three dimensions matter:

1. The Mark

The word, logo or device you want to protect. You can register:

• Word mark — protects the word, in any font
• Logo mark — protects that specific graphic
• Word + logo — protects both as a combination
• Device mark — a unique image, sound or colour as a brand signal

A word mark is broader — it stops competitors using the same words even in a different typeface. For most founders, a word mark is the right choice.

2. The Classes

Trade marks are registered per class. The Nice Classification has 45 classes, and your goods or services must fall within them.

Common classes for businesses:

A software company would typically need Class 42 and often Class 35. A consultancy needs Class 35. An exporter may need several.

Under-filing is the most common mistake. Registering "business services" in Class 35 but not "software as a service" in Class 42 leaves a gap a competitor can occupy in your category.

3. The Territory

A UK trade mark protects in the UK only. If you trade in the EU, the Gulf or Southeast Asia, you need separate applications — though the Madrid Protocol lets you file an international application designating multiple countries from one UK filing.

Do You Actually Need a Trade Mark?

You need one if:

• Your brand name is distinctive and central to how customers find you
• You trade under a name others could plausibly want
• You operate in a competitive market
• Your brand is worth protecting as an asset
• A competitor could register your name and use it

You may not if:

• Your brand is purely descriptive — "London Accounting Services" is weak and hard to enforce
• Your brand is the common name of a product or service
• Your trade is local and brand-agnostic
• You operate entirely under a different, established brand

Test for distinctiveness:

Coined or arbitrary marks are easiest to protect. Descriptive marks are hard and expensive to enforce even if granted.

When to File Relative to Formation

The practical answer: as soon as you have a name you intend to trade under, and before you spend heavily on branding.

The sequencing that works:

1. Search your intended name — free on the Companies House register for company names, and on the IPO trademark register for marks
2. Incorporate with an available company name — this secures the entity
3. File the trade mark application for the brand you will trade under
4. Commit to the brand in your website, packaging and marketing once filed

File before you invest in branding. Design work, packaging, signage, print and digital campaigns all become partly wasted if your mark is refused or challenged. Search and filing are inexpensive relative to a rebrand.

File before you announce. Public launch generates media coverage, customer acquisition and distribution. If you discover a conflict afterwards, you have a public-facing problem as well as a legal one.

[!IMPORTANT] You do not need a registered company to apply for a trade mark in the UK — individuals can apply. But if the company will own the mark, incorporate first so the application can name a corporate proprietor. Ownership at filing matters for assignment, licensing and sale.

What Filing Involves

The Application

• Filing method: UKIPO online (fastest)
• One application covers multiple classes for the same mark
• Official fee: from £170 for one class, rising per additional class
• Examination: UKIPO checks formalities and searches for earlier conflicting marks
• Publication: accepted applications are published for a 2-month opposition period
• Registration: if unopposed, the mark is registered for 10 years, renewable indefinitely

Timeline

A straightforward UK-only word mark typically completes in 4–8 months.

Cost

Professional fees are usually worthwhile for anything beyond a single word mark in a single class. A DIY filing is permitted and can save several hundred pounds, but errors in class specification or description can limit your protection.

Common Mistakes

Registering the company name rather than the brand. Company names and trade marks are distinct. Companies like Apple Limited exist; "Apple" as a mark in Class 35 is registered by someone else.

Filing in too few classes. The most expensive error, because expanding later means a new application and new fees.

Filing after the brand is public. Prior public use can complicate the registration and weaken enforcement.

Assuming the logo is enough. A logo mark protects that specific artwork. A competitor can use the same word in a different font. For a word-based brand, file a word mark.

Not monitoring. Someone can file a conflicting application after you. Watching services alert you to applications that may infringe your rights.

Ignoring deadlines. The renewal is due 10 years from registration. Miss it and the mark is cancelled.

Checklist

• Search the IPO trademark register for your intended brand name
• Check the Companies House register for name availability
• Assess distinctiveness — is the mark fanciful, arbitrary, suggestive or descriptive?
• Identify all relevant Nice classes — err toward covering too many
• Decide word mark, logo mark or both
• Incorporate first if the company will own the mark
• File the UKIPO application before committing to brand spend
• Consider a watching service for ongoing monitoring
• Diary the renewal date at registration

Get Advice on Structure and Protection

Our formation service covers incorporation and ACSP verification. If you want a view on trade mark class selection before you commit to branding, we can point you toward an IP attorney — that is a specialist area and not something a formation agent should advise on.

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Related Guides

• UK Company Name Rules 2026 — what names Companies House will accept
• Form a UK Ltd From Abroad — Non-Resident Guide — forming as a non-resident
• UK Company Directors: Rights and Duties — what you take on at incorporation
• UK Ltd for Franchise & Licensing Business — IP in the franchising context
• UK Company Formation Complete Guide — the full incorporation process

Disclosure: UK LTD Registration may receive a commission if you sign up through our links. This helps us keep our guides free and up to date — at no extra cost to you. Trade mark class selection is specialist work — we recommend consulting an IP attorney.