Choosing the right trade name is one of the most important decisions for a business. It defines your brand, establishes your identity, and ensures legal protection against potential infringements. When I went through the process of registering my business name, I quickly realized that many entrepreneurs donโt fully understand the differences between registering a business name and securing a trademark.
Understanding how to register a trade name in the UK is essential for protecting your business and ensuring legal compliance. In this guide, Iโll walk you through the process, costs, and essential details you need to know.
What Is a Trade Name?
A trade name, also called a trading name or business name, is the name under which a company operates. It is different from a companyโs legal name and does not provide trademark protection unless registered separately.
For example:
- Legal Name: “Smith Consulting Ltd”
- Trading Name: “Smith Business Solutions”
If you want exclusive rights to your trade name and prevent others from using it, you must register it as a trademark with the UK Intellectual Property Office (IPO).
How to Register a Business Name in the UK
Registering a business name in the UK is a structured process that ensures your company is legally recognized and operates under a unique identity. Hereโs a detailed guide to help you navigate the process.
Step #1: Choose a Unique Business Name
Before registering, ensure that your desired company name is:
- Unique and not identical to any existing UK-registered company.
- Compliant with naming regulations, avoiding restricted words that suggest a government or financial institution connection.
- Checked for availability using the Companies House Name Availability Checker.
๐ Pro Tip: If your desired name is too similar to another registered business, Companies House may reject your application. Try a distinctive name that reflects your brand identity.
Step #2: Decide on the Official Business Address
All UK businesses must have a registered office address, which must:
- Be a physical UK location (P.O. boxes are not allowed).
- Be used for official correspondence from HMRC and Companies House.
- Be publicly available, meaning anyone can look up your business address.
๐ Privacy Concern? Many business owners use a virtual office address for privacy reasons, especially if they operate from home.
Step #3: Select a Standard Industrial Classification (SIC) Code
A Standard Industrial Classification (SIC) Code describes your business activity. This classification is used for:
- Identifying your business industry.
- Ensuring compliance with tax and business regulations.
- Statistical tracking by Companies House and HMRC.
๐ You can find the full list of SIC codes here.
๐ Example:
- 62020 โ Information Technology Consulting
- 47110 โ Retail Sale in Non-Specialized Stores
- 90030 โ Creative Arts & Entertainment
Choosing the right SIC code ensures that your business is classified correctly.
Step #4: Appoint Directors and Shareholders
If you are forming a limited company, you need to:
#1. Appoint at least one company director
- The director must be at least 16 years old.
- Directors are legally responsible for managing the company and ensuring compliance with tax and corporate regulations.
#2. Define Share Structure (For Limited Companies Only)
- If you have co-founders or investors, you must determine how company shares will be divided.
- Shareholders own the company based on the number of shares they hold.
๐ Pro Tip: If youโre a solo entrepreneur, you can own 100% of the shares while also being the sole director.
Step #5: Prepare a Memorandum and Articles of Association
These legal documents define how your company will operate.
- Memorandum of Association โ A document signed by initial shareholders agreeing to form the company.
- Articles of Association โ A document outlining the rules for running the business, agreed upon by directors and shareholders.
๐ Pre-made templates for both documents are available on the Companies House website.
Step #6: Register with Companies House
Online Registration (Recommended)
- Fee: ยฃ12
- Processing Time: 24 hours
- How to Apply: Register online via Companies House Web Incorporation Service.
Postal Registration
- Fee: ยฃ40
- Processing Time: 8 to 10 days
- How to Apply: Submit Form IN01 via mail.
๐ Pro Tip: If you want to register your business faster, use the online method for same-day processing.
How to Register a Trademark Name in the UK
Registering a trademark is crucial if you want to protect your business name, logo, slogan, or other brand identifiers. Unlike business name registration, a trademark gives you exclusive legal rights to prevent others from using a similar name in the same industry.
Below is a step-by-step guide to registering a trademark in the UK.
Step #1: Conduct a Trademark Search
Before applying, check if your desired business name, logo, or slogan is already registered as a trademark. If someone else owns the rights, your application may be rejected or legally challenged.
Hereโs how to check:
- Use the UK Intellectual Property Office (IPO) trademark database to see if your trademark is already in use.
- Check for similar names, logos, or slogans. Even if your name is slightly different, it may still be rejected if it causes brand confusion.
- Consult a trademark lawyer if you’re unsure about potential conflicts.
๐ Pro Tip: If your desired trademark is available, register it as soon as possible to prevent competitors from claiming it first.
Step #2: Prepare Your Trademark Application
To register a trademark, you need to submit specific details about your brand. Make sure to provide:
#1. A Clear Representation of Your Trademark
- This can be a wordmark (business name), a logo, a slogan, or even a sound or shape associated with your brand.
- If youโre registering a logo, submit high-quality images in the correct format.
#2. A List of Goods or Services
- Your trademark must cover specific goods or services related to your business.
- The Nice Classification System categorizes businesses into 45 different classesโ34 for products and 11 for services.
๐ Example:
- Class 25 โ Clothing, footwear, headgear
- Class 35 โ Advertising and Business Management Services
- Class 41 โ Education and entertainment services
You can search for the correct class for your business using the Nice Classification Tool.
Step #3: Submit the Trademark Application
Once you have all the necessary details, you can apply for a UK trademark online or by post.
#1. Online Application (Recommended)
- Fee: ยฃ170 for one class (+ ยฃ50 for each extra class)
- Processing Time: 3โ4 months
- Where to Apply: UK IPO Trademark Registration Portal
#2. Paper Application
- Fee: ยฃ200 for one class
- Processing Time: 4โ6 months
#3. Right Start Application (Optional)
- If you’re unsure about your trademark, you can use the Right Start service.
- Cost: ยฃ100 + ยฃ25 per extra class initially. If you proceed, you’ll pay an extra ยฃ100 + ยฃ25 per extra class.
- This service allows you to see if your application meets legal requirements before paying the full fee.
๐ Pro Tip: Online applications are cheaper and processed faster than paper applications.
Step #4: Wait for Examination & Publication
1. Examination Stage (6-8 weeks)
- The IPO reviews your trademark application for compliance with legal requirements.
- If there are no issues, it moves to the next stage.
2. Opposition Period (2 months)
- The trademark is published in the UK Trademarks Journal for 2 months.
- During this period, anyone can oppose your application if they believe your trademark is too similar to theirs.
- If thereโs no opposition, your application moves to the final stage.
๐ What if someone opposes? You may need to negotiate or make changes to your application to resolve disputes.
Step #5: Receive Trademark Approval
1. Trademark Registration
- If no opposition is raised, your trademark is officially registered.
- The UK IPO issues a Certificate of Registration, granting you exclusive rights to the trademark.
2. Trademark Protection Period
- Your trademark is valid for 10 years from the registration date.
- After 10 years, you must renew your trademark to maintain protection.
๐ Pro Tip: If you expand internationally, consider registering your trademark under the Madrid Protocol for global protection.
How Much Does It Cost to Register a Trademark in the UK?
Application Type | Cost (1 Class) | Cost Per Extra Class |
Online Application | ยฃ170 | ยฃ50 |
Paper Application | ยฃ200 | ยฃ50 |
Right Start Application | ยฃ100 (initial) | ยฃ25 (initial) + ยฃ100 if continued |
๐ Pro Tip: If you plan to trademark multiple business aspects (e.g., name + logo + slogan), consider registering them together under the same classification to save money.
Where Do Businesses in the UK Register Their Names?
Registering a business name in the UK depends on the type of business structure you are operating. Different authorities manage the registration process based on whether you are a limited company, sole trader, or partnership. Below is a detailed guide on where and how businesses register their names in the UK.
#1. Registering a Limited Company with Companies House
If you’re setting up a private limited company (Ltd), a public limited company (PLC), or a limited liability partnership (LLP), you must register your business name with Companies House, the UKโs official registrar of companies.
Steps to Register a Limited Company Name:
- Choose a Unique Company Name
- Your company name must be unique and not too similar to an existing UK-registered business.
- Use the Companies House Name Availability Checker to verify if your name is available.
- Register Your Company
- Submit your incorporation documents, which include:
- Company name
- Details of directors and shareholders
- Registered office address
- Standard Industrial Classification (SIC) code (describes your business activity)
- You can register online via Companies House or by post.
- Submit your incorporation documents, which include:
- Registration Cost & Processing Time
- Online Registration Fee: ยฃ12 (processed within 24 hours)
- Postal Registration Fee: ยฃ40 (processed within 8-10 days)
If you want your business to operate under a trading name (brand name) while keeping your official limited company name, you donโt need to register the trading name separatelyโjust ensure it complies with UK business naming rules.
#2. Registering a Sole Trader or Partnership with HMRC
If you are operating as a sole trader or ordinary partnership, you donโt have to register a business name with Companies House. However, you must notify HM Revenue & Customs (HMRC) when you start trading.
Steps to Register a Sole Trader or Partnership Name:
- Register for Self-Assessment with HMR
- Sole traders and partnerships must register for Self-Assessment with HMRC for tax purposes.
- You can register online or by calling HMRC to set up your Self-Assessment account.
- Choosing a Business Name
- Your business name must not be offensive, misleading, or suggest government affiliation.
- Sole traders donโt need to register their business name officially, but itโs advised to check if another business is using it to avoid legal issues.
- Registering a Business Bank Account
- If your sole trader or partnership business name is different from your name, you may need to register the name when opening a business bank account.
Even though sole traders donโt need to register a business name, itโs a good practice to check availability and ensure no other business is using the same name to avoid future conflicts.
#3. Protecting Your Business Name with a Trademark
If you want exclusive legal rights over your business name, registering a trademark with the UK Intellectual Property Office (IPO) is the best way to prevent others from using the same name in your industry.
Steps to Register a Trademark:
- Conduct a Trademark Search
- Check the UK IPO Trademark Database to ensure your desired name isnโt already registered.
- Submit a Trademark Application
- You can register a wordmark (business name), logo, slogan, or a combination of these.
- Apply via the UK Intellectual Property Office (IPO) website.
- Trademark Registration Cost:
- Online Application Fee: ยฃ170 (for one class) + ยฃ50 for each extra class
- Paper Application Fee: ยฃ200 (for one class)
- Approval Process:
- The trademark review process takes 3โ4 months, including a two-month opposition period where others can object to your application.
- If no objections are raised, the trademark is officially registered for 10 years (renewable).
A business name registration does not give you trademark protectionโonly registering a trademark can prevent other businesses from using your name in your industry.
#4. Other Business Registrations in the UK
Depending on your business type, you may need to register with other agencies:
- VAT Registration: If your business turnover exceeds ยฃ85,000 per year, you must register for VAT with HMRC.
- Business Licensing: Certain industries (e.g., restaurants, and financial services) require additional licenses from local councils or regulatory bodies.
Key Takeaways
- A business name and a trademark are different โ A business name registers your company, but only a trademark protects it legally.
- Companies House registration is mandatory โ If youโre forming a limited company, you must register with Companies House (ยฃ50 fee).
- Trademark registration provides exclusivity โ If you want to protect your business identity, trademarking costs ยฃ170+ and lasts 10 years.
- Choosing a unique name is crucial โ Before registering, check the availability of business names and trademarks to avoid conflicts.
- Legal protections matter โ If your name isnโt trademarked, other businesses can legally use a similar name unless you prove prior use.
Conclusion
Registering a trade name in the UK is a crucial step in building and protecting your brand. Whether you’re setting up a limited company, sole proprietorship, or partnership, ensuring your business name is properly registered with Companies House and legally protected through a trademark can safeguard your identity and help you establish credibility in your industry.
From choosing a unique name to filing for trademark protection, the process may seem overwhelming, but taking these steps early on can save you from legal disputes and brand confusion in the future. The costs involvedโยฃ50 for business name registration and ยฃ170+ for trademarksโare a small investment compared to the long-term benefits of securing your brand identity.
In my experience, ensuring that my business name was properly registered and trademarked gave me peace of mind and confidence in marketing my brand without fear of infringement. Whether youโre a startup, a freelancer, or an expanding company, having a registered trade name sets the foundation for growth and brand recognition.
Have you decided on your business name yet? What steps will you take next to protect it? ๐