Your business’ branding begins with your name, so it is imperative to protect your company’s name. A protected name means that no other business can poach your name and you don’t incur the cost of a rebrand in case you lose your business name later down the line. 

Key Takeaways

• Protecting your business name early helps safeguard your brand identity, prevent costly rebrands, and stop other companies from trading under a similar name.
• Sole traders have limited protection, while incorporating as a limited company through Companies House secures your name on the official register and gives stronger legal rights.
• Trademarks provide exclusive rights to use a business name, logo, or brand assets, and allow you to take legal action against unauthorised use or sell and license your brand.
• Entrepreneurs can reserve a company name before they’re ready to trade, ensuring no one else can register it while they prepare to launch their business.
• Choosing a unique, compliant company name is essential; always check availability and avoid names that are too similar to existing companies or trademarks.
• Combining incorporation and trademarks offers the strongest protection for your business name and long-term brand reputation.

There are a few ways to secure your business name due to this there are a few things to consider before you begin. However, we’re here to help guide you through your options and make the process as simple as possible. 

Before we begin, there are differences between a company name and a trading name. Your registered company name does not necessarily have to be the same as the name you trade with. For example, at Companies House you may be registered as John A Smith Car Service LTD, but you may choose to trade (have on your website your storefront etc.) as John’s Car Service. This is a viable option if your chosen name is taken, or if you want to include a ‘sensitive word’ in your trading name. 

Ways to protect your business name

Choose a business name 

Before you begin, you want to make sure your company name is available. Picking a name which is similar to an existing company, can become a costly mistake.

Skip the risk and use our company name checker to make sure your company name is free to use. Then you can begin the process of protecting and securing that name. 

Sole Trader versus Limited Company 

As a sole trader, there is no need to register your organisation with Companies House, which means there is no ‘official’ register of your business. Due to this, it is possible that your company name can be taken and registered by anyone else. 

There are a few ways to avoid this from happening, the easiest way is to incorporate your business into a Limited Liability Company. There are many benefits to trading as an LTD, and in this case, the main benefit is securing your business name. 

Once your name is registered you have good grounds to contest new businesses that have similar names to yours. If you can prove your reputation and ‘goodwill’ over the name, you can try and bring a ‘passing off’ claim to businesses which may try to use your name, particularly if these businesses are aiming to cause damage to your reputation, or attempting to confuse your client base. 

Being a limited company gives your business and yourself an extra layer of protection and it is the most straightforward and cost-effective way of protecting your business name.

Trademark

Another way to protect your brand name is by getting it trademarked. A trade mark gives its owner exclusive rights to the name that is trademarked. It also means you can take legal action over unauthorised use of the trade mark. With a trademark, you can also sell and license your brand. 

You can trademark words, logos, sounds, colours or any combination of these. Think of Tiffany Blue or the Coca Cola logo, red, and name. However, there are limitations to what you can trade mark. For example, your trade mark cannot be offensive, misleading, too common and non-distinctive, generic or make use of things such as flags, emblems or hallmarks which you do not have permission to use. 

A trade mark costs £170 to register but can cost more depending on what you use the trademark for. Similar to a name, before registering your trademark you need to make sure it is not similar to any existing trade marks. 

Reserve a company name 

If you’re not ready to start your own business or operate an LTD then you can reserve a company name until you are ready. This is a great solution if you still want to work as a sole trader, or need more time before fully incorporating your business. 

By reserving a name you can secure your business name but still take your time to get your business up and running. As soon as you’re ready to trade under your name, we can notify the company house and your business will be up and running. 

Protecting your business name early in your startup journey can save you from headaches in the long run. After all, your name is the basis of your company, your branding and marketing. 

Looking for more startup advice? We have blogs to help your business flourish, from writing a winning business plan to advice on how to recession-proof your company. 

FAQs

Why is it important to protect my business name?

Protecting your business name prevents other companies from trading under the same or a confusingly similar name. This safeguards your brand identity, reduces the risk of losing customers, and saves you from costly rebrands or legal disputes later on. Your business name is a core part of your brand, so securing it early is essential.

What is the difference between a company name and a trading name?

A company name is your official registered name at Companies House, while a trading name is how you present your business to customers. For example, “Smith & Co. Services Ltd” could trade as “Smith’s Plumbing.” Trading names don’t need to be registered separately, but the company name always takes precedence legally.

How can I stop someone else from using my business name?

You can stop others from using your name by:

• Registering your company with Companies House to secure the legal name.
• Registering a trademark to gain exclusive rights and take legal action if needed.
• Reserving your company name if you aren’t ready to start trading but want to secure it for later.

Can I trademark my business name and logo?

Yes. Registering a trademark allows you to protect words, logos, colours, or a combination of these. This gives you exclusive rights to use your brand and the ability to take legal action against unauthorised use. Trademarks are especially valuable if you plan to grow nationally or internationally.

Do sole traders have the same protection as limited companies?

No. Sole traders don’t register with Companies House, so their business name isn’t legally protected in the same way. Another company could register the same or a very similar name. Incorporating as a limited company provides stronger protection and more control over your business identity.

What does it mean to reserve a company name?

Reserving a company name lets you secure your chosen name. This is useful if you’re not ready to start trading but want to prevent others from registering the name. Once you’re ready, you can convert your dormant company into an active limited company and start trading.