The name and logo of a business will play a pivotal role in its success or failure. A good trade mark can only aggrandise the value of a brand by furnishing an element of distinctiveness.
Firstly, it is necessary to invest an appreciable amount of time in researching whether the name that one covets can be registered with Companies House. In order to see if a name has been taken, one would need to search the Companies House register. However, successfully registering with the former will not provide a brand with any trade mark protection. It is therefore imperative that one registers their name and logo with the Intellectual Property Office (IPO).
The IPO will not register names that are too literal or descriptive. Words that have been misspelled are also unlikely to be accepted. Furthermore, filing a trade mark that contains a famous name or brand will be refused as well. The probability of a successful application is much higher when the name has been conceived by the applicant.
It is important to act swiftly any delay in the application process can result in someone else registering the desired name. An applicant that has waited too long to file their trade mark would consequently have to rebrand and trade under a new name.
There are however certain exceptions to the norm. If another entity has already registered the name that one seeks it may still be possible to register that name. The same trade mark can be owned by two companies providing they are registered for different goods and/or services.
Once a trade mark has been registered, the owner cannot increase its ambit. Accordingly, the goods and/or services on which the trade mark will be used must be carefully selected by the prospective proprietor.