Many founders wrongly think these are interchangeable. They are not. Companies House and the UK Intellectual Property Office do different jobs, follow different legal tests and solve different commercial problems.
Companies House
Companies House is about incorporation and the company register. It can reject names that are the same as, or too like, existing registered names, and it now has stronger powers to challenge misleading or fraud-linked names. But it does not clear your brand for trade mark risk.
Trade mark registration
A UK trade mark can give exclusive rights in the sign for the specified goods and services. That is the system designed to protect brands in the market. It is where distinctiveness, class selection, similarity and conflict analysis all matter. Browse worked examples on our trademark wiki to see how well-known marks are recorded in practice.
Why founders get caught
The sequence is common. The company gets incorporated. The domain is bought. The designer is paid. Then the founder learns that an earlier mark already exists. The legal shock is not that the law changed. It is that different registers answer different questions.
Need the quick answer? Run the business name safety check before you commit more money to the brand.
Related guides
Frequently asked questions
Does Companies House give trade mark protection?
No. Companies House registration is not trade mark protection.
Can I pass Companies House checks and still have a trade mark problem?
Yes. That is one of the most common traps for new businesses.
Which matters more for brand safety?
For brand safety in the market, trade mark clearance matters far more than company incorporation on its own.
Sources and authorities
- Companies House blog, Choosing a company name, trading name or trade mark.
- GOV.UK, Apply to register a trade mark and related fee guidance.
- GOV.UK, Standard opposition proceedings before the Trade Marks Tribunal.
- Trade Marks Act 1994, especially sections 3, 5, 10, 11 and 34.
- Company Names Tribunal and Companies House guidance, including Company Names Tribunal and Incorporation and names.
This page is written for information and commercial guidance. It is not a substitute for legal advice on a specific dispute, filing, opposition or settlement.