How to Trademark My Business Name?

Registering a company or LLP name does not by itself give the same rights as trademark registration. If a business name is also used to identify goods or services, trademark protection should be considered separately.

Step 1: Check whether the name is distinctive

Invented and arbitrary names are generally easier to protect than names that directly describe the goods, services, quality or geographical origin. A mark can also face refusal if it conflicts with an earlier trademark.

Step 2: Conduct clearance searches

Search the Trade Marks Registry records for identical and similar marks in relevant classes. A useful search also considers spelling variations, phonetic equivalents and real-world use that may not appear as a registration.

Step 3: Identify the proprietor and classes

The application should be filed in the name of the correct owner and cover the relevant goods or services. Ownership errors can create avoidable problems later, especially where founders, companies and related entities use the same brand.

Step 4: File the application

A standard application is filed in Form TM-A. Once filed, the Registry examines the application. If objections are raised, the applicant can respond and may be heard before a decision is taken.

Step 5: Publication and opposition

If accepted, the application is advertised in the Trade Marks Journal. Any person may oppose within four months from publication. If there is no opposition, or the opposition is resolved in the applicant’s favour, the mark can proceed to registration.

The correct strategy depends on the proposed name, owner, classes and existing market. This article is general information only.