Company Name vs Trademark: Why Companies House Registration Is Not Enough
Registering a company name at Companies House does not give you any intellectual property rights. It does not stop someone else from trademarking your name, using it as a brand, or building a competing business around it. This is the single most common misconception among UK small business owners.
Key takeaway:a Companies House registration gives you the right to use a specific name as your company's legal name. A trademark gives you the exclusive right to use a sign (word, logo, or combination) in connection with specific goods or services across the entire UK. These are two completely different things, administered by two completely separate government bodies.
What Companies House registration actually gives you
When you incorporate a limited company, Companies House checks whether the exact name you want is already taken on the register of companies. If it is not, you can register it. That is the beginning and end of what Companies House does regarding your name.
Specifically, Companies House registration gives you:
- The right to use that exact name as your company's legal name (the name that appears on your certificate of incorporation, your annual accounts, and the register of companies)
- Protection against another limited company registering the identical name at Companies House (but not similar names, and not trading names)
Companies House registration does not give you:
- Any intellectual property rights
- The right to prevent others from using a similar name as a trading name
- The right to use the ® symbol
- Any entry on the trademarks register maintained by the UK Intellectual Property Office
- Exclusive rights to use the name in commerce
If you want to see who is already trading under a name like yours, a combined Companies House and Charity Commission search is included free on our Pro plan.
What a trademark gives you
A registered trademark, obtained through the UK IPO application process, gives you substantially more:
- Exclusive rights to use the mark in connection with the registered goods/services across the entire UK
- The right to sue for infringement if someone uses an identical or confusingly similar mark
- A presumption of validity that you do not get with unregistered rights
- The right to use the ® symbol, which deters infringement
- Protection for 10 years, renewable indefinitely
- A basis for opposing later trademark applications that conflict with yours
- The ability to record it with HMRC to stop infringing goods at the border
Side-by-side comparison
| Feature | Companies House registration | UK trademark registration |
|---|---|---|
| Administering body | Companies House | UK Intellectual Property Office (IPO) |
| Cost | £12 (online incorporation) | £205 (one class, online) |
| What it protects | Your company's legal name on the register | A sign (word, logo, etc.) for specific goods/services |
| Intellectual property rights | None | Exclusive rights under the Trade Marks Act 1994 |
| Stops others using similar names? | Only identical company names at Companies House | Identical and confusingly similar marks for overlapping goods/services |
| Right to use ®? | No | Yes |
| Duration | As long as the company exists | 10 years, renewable indefinitely |
| Enforcement | Company Names Adjudicator (limited, name-only disputes) | IPO opposition/invalidation, court action for infringement |
Real-world consequences
The gap between company name registration and trademark protection creates real problems for businesses that assume they are protected. Here are scenarios that play out regularly:
Someone else trademarks your company name
You register “Bright Spark Ltd” at Companies House in 2020 and trade successfully for several years. In 2025, another business applies to register BRIGHT SPARK as a trademark at the UK IPO for the same type of services you offer. If you have not filed your own trademark application, and you miss the 2-month opposition window, they could end up with a registered mark that gives them the right to stop you from using the name as a brand.
A competitor trades under a similar name
You are “Greenfield Consulting Ltd”. A sole trader starts operating as “Greenfield Consultancy” in the same city. Companies House does not prevent this because the sole trader is not registering a company. Without a trademark, your only remedy is passing off, which is expensive and uncertain.
You cannot stop counterfeit goods at the border
HMRC's border seizure powers depend on there being a registered intellectual property right. If you find counterfeit products using your brand name being imported, you need a registered trademark to record with HMRC and trigger seizure. A Companies House registration achieves nothing.
Domain names are separate too
A .co.uk or .com domain name is not a trademark either. Domain name registration is administered by domain registrars (Nominet for .co.uk), and gives you the right to use that address on the internet. That is all. Owning example.co.uk does not stop someone from registering EXAMPLE as a trademark. Before you settle on a name, you can check which domains are still available with our free domain search.
Conversely, owning a trademark does not automatically entitle you to a matching domain name. However, if someone registers a domain name that matches your trademark and uses it in a way that infringes your rights, you have remedies through the Nominet Dispute Resolution Service (for .co.uk) or UDRP (for .com and other gTLDs).
Business names: even less protection
Sole traders and partnerships do not register with Companies House at all (unless they form a limited company). They may trade under any name, subject to limited restrictions in the Business Names Act provisions of the Companies Act 2006 (Part 41).
A business name used by a sole trader or partnership has no registration, no register entry, and no formal protection of any kind. The only possible protection comes from common law passing off, which requires proof of goodwill, misrepresentation, and damage.
If you are a sole trader or partnership trading under a name that is important to your business, a trademark registration is especially critical because you have no other form of name protection whatsoever.
The role of passing off
Passing off is the common law cause of action that protects unregistered trade marks and goodwill. To succeed in a passing off claim, you must prove three elements (the “classical trinity” from Reckitt & Colman v Borden [1990]):
- Goodwill: you have a reputation and customer recognition attached to your name/brand in the relevant market
- Misrepresentation:the defendant's use of a similar name/brand is likely to confuse the public into thinking there is a connection with your business
- Damage: you have suffered, or are likely to suffer, financial damage as a result
Passing off is a viable cause of action, but it has significant drawbacks compared to trademark infringement:
- Expensive to prove. You need evidence of goodwill: sales figures, advertising spend, customer surveys, media coverage. This typically requires years of trading history.
- Uncertain outcome. Goodwill is a question of fact; judges can and do disagree about whether sufficient goodwill exists.
- Geographically limited. Your goodwill may only extend to the area where you trade. A London-based business may struggle to demonstrate goodwill in Edinburgh.
- Court action required. Unlike trademark infringement (which can be dealt with through IPO proceedings), passing off requires a court action, which is slower and more expensive.
Do not rely on passing off alone.A trademark registration costs £205. A passing off action in the High Court costs £50,000–£200,000+. The choice is straightforward.
Practical steps: search first, then register
If you are starting a business, or if you already have a business and have never registered your brand as a trademark, here is what to do:
- Search the trademark registers. Before filing, check that your name is available. Use our free trademark searchto check the UK IPO, EUIPO, and USPTO registers. This takes seconds and can save you £205 in wasted fees.
- Choose the right Nice classes. Identify which classes of goods/services your business operates in. Most small businesses need 1–3 classes.
- File your application.You can file online with the UK IPO for £205 (first class) + £60 per additional class. The process takes about 30 minutes. See our full registration guide for detailed instructions.
- Consider EU protection.If you trade (or plan to trade) in the EU, an EUTM application through EUIPO costs €850 for one class and covers all 27 EU member states.
Search the UK trade mark register free to see whether your company or brand name is registered — or already taken by someone else. Then get a clearance verdict from £9.99.
What about the Company Names Adjudicator?
The Company Names Adjudicator (CNA), established under the Companies Act 2006, can order a company to change its name if it was registered with the purpose of extracting money from the complainant (“opportunistic registration”) or if it is so similar to your name that it suggests a connection.
The CNA is a useful tool in narrow circumstances, but it has limitations:
- It only deals with company names, not trading names or brands
- It requires you to demonstrate goodwill in your name before the date the other company was registered
- It has no power to award damages or injunctions
- It cannot stop the other party from continuing to trade under a similar name; it can only order a change of the company name on the Companies House register
The CNA is no substitute for a trademark registration.
Free search done. But is your name actually safe to file?
A free search shows what already exists. A clearance report goes further: it scores every conflict by sound, look and meaning, checks Nice-class overlap, and returns a green/amber/red filing verdict with a downloadable PDF, from £9.99.
Frequently Asked Questions
Does registering a company name at Companies House give me trademark rights?
No. Companies House registration gives you the right to use that exact name as your corporate name on the register of companies. It does not give you any intellectual property rights, does not appear on the trademarks register, and does not prevent another business from using a similar name as a trading name or registering it as a trademark.
Can someone else trademark my company name?
Yes. If you have registered a company name at Companies House but not registered it as a trademark, another person or business can apply to register an identical or similar mark with the UK IPO. If their application succeeds, they could potentially prevent you from using your own company name as a brand in connection with the goods or services covered by their registration.
What is the difference between a company name, a trading name, and a trademark?
A company name is the legal name of a limited company registered at Companies House. A trading name (or business name) is the name a sole trader, partnership, or company uses to trade if different from the legal name. A trademark is a registered sign (word, logo, etc.) that gives exclusive rights to use that sign in connection with specific goods or services across the UK. Only a trademark provides enforceable intellectual property protection.
Is passing off enough to protect my brand?
Passing off can protect unregistered rights, but it is expensive and uncertain. You must prove three things: goodwill in your name or brand, a misrepresentation by the other party, and damage or likely damage to your business. This typically requires evidence of years of trading, significant revenue, and customer recognition. A trademark registration costs £205 and gives you clear, enforceable rights from day one.
How much does it cost to register a trademark in the UK?
A UK trademark application costs £205 for one class of goods or services when filed online; postal applications cost more (see UK IPO fees). Each additional class costs £60. The registration lasts 10 years and can be renewed indefinitely. For most small businesses, filing in one or two classes is sufficient.