Company name as intellectual property
How your company name can work as a unique identifier to form important intellectual property
It is a common misconception that registering a company name at Companies House gives you unrestricted rights to this name when it comes to trade marks and web domains. This is simply not the case. They are three different forms of protection, administered by different organisations that operate independently of one another.
IP in company names
A company name identifies a legal entity. It has to conform to certain regulations and rules for naming a business.
Registration of a company name at Companies House prevents others from registering an identical name or one sufficiently similar to cause confusion. It does not, however, prevent others from selling goods or services under an identical or a similar name. It also does not automatically provide trade mark protection and exclusivity, or the right to an associated domain name.
IP in trade marks
A trade mark is different from a company name. In the UK, you can register a trade mark with the Intellectual Property Office. There are rules and regulations about what you can register.
A trade mark can be more than just a business name. It can be a product or service name, a logo, colour, shape or any combination of these. Registering a trade mark creates a legal right which:
- grants the owner exclusive rights to the use of the mark in relation to the goods and services that it has been registered for
- prevents another business from using a name that is the same or similar to that of the registered mark (unless they have been given express permission)
If a business is incorporated under a name which is identical or similar to a previously registered trade mark, and that company provides similar goods or services, the owner of the registered trade mark may be entitled to bring an action for trade mark infringement.
IP in domain names
A domain name is the unique address that identifies the location of a website on the internet. Domain names are issued on a first-come, first-served basis by various Internet registration authorities around the world.
Incorporating a new company under a specific name does not provide you automatic rights to a matching domain name. It's good practice to check the name availability for any domains, as well as trade marks, before registering at Companies House.
If you use a domain name that is identical or similar to another person's registered trade mark, then you potentially risk infringing the trade mark, especially if the domain name relates to the same or similar goods or services. See more on domain name and trade mark conflicts.
Protecting your company name
Businesses often use all three elements - the trade mark, the domain name and the company name - to promote their products and services. Before you form a new company or begin trading, make sure that you:
- check availability of the chosen name at Company House
- check availability of associated trade marks
- check availability of associated domain names
Once you're satisfied that the name you have chosen is available and does not infringe any previous rights, you should take steps to protect it. As with any legal processes, it's always worth getting professional or legal advice from the experts.