Registered trademarks cost £170-400. Common law rights are free if you can prove continuous use, reputation, and customer association. Here's what evidence stands up in UK courts.
How Common Law Works
Use a name consistently. Build customer association. Sue copycats for "passing off." No registration needed.
Evidence Requirements
Sales records (3+ years), customer testimonials, media coverage, advertising spend. More evidence = stronger case.
Geographic Limitations
Protected only where you trade. London-only business can't stop Manchester competitor using same name.
Industry Limitations
Protected only in your actual business. Can't stop unrelated industries using your name.
Proving "Use"
Continuous trading required. 6-month gap can invalidate claim. Document everything from day one.
Warning: Common law cases cost £30,000-100,000 in legal fees. Registered trademark defense costs £5,000-15,000. Registration is cheaper insurance.
Generic Names Can't Be Trademarked
If you want legal protection and a name competitors can't copy, make it distinctive from day one. Generic names fail for both common law AND registered protection.