Trademark Search Before Business Name: Why It's Critical (UK Guide)

48% of UK businesses skip trademark search before choosing name. Here's why that's expensive and how to do it right.

Trademark Lens Team

Searching trademarks before committing to a business name prevents £15,000-£50,000 rebranding costs and potential £3,000-£10,000 legal disputes. Takes 30 minutes. Saves years of headaches.

Why Search Matters

Companies House approves your company name. That doesn't mean you can legally trade under it. Someone else may own the trademark.

18% of UK startups face legal challenges over business names within first 3 years. 94% never checked trademarks before incorporating.

Real World Example

Cafe owner registers "Blue Roof Coffee Ltd" at Companies House. Opens shop, invests £25,000 in fit-out and branding. Receives cease and desist from "Blue Roof Cafe" trademark owner. Must rebrand everything.

The Mistake

Searched Companies House (no conflict found). Didn't search UK trademarks (conflict existed). Assumed company name = trademark protection.

1) UK IPO database (covers UK trademarks). 2) EUIPO database (covers EU trademarks that affect UK). 3) Companies House (company names). 4) Use Trademark Lens to search all three simultaneously.

What to Search For

Exact name, phonetic similarities, visual similarities, translated versions, common misspellings.

Search Examples

Searching "Blue Ocean": Also check "Bleu Ocean," "Ocean Blue," "Blue Sea," "Blu Ocean." Trademarks cover similar marks, not just exact matches.

Critical: Search across all relevant trademark classes. Your cafe name might conflict with existing hotel chain if both use Class 43 (food and hospitality services).

Understanding Classes

Trademarks are registered by industry class (45 total classes). Same name can exist in different classes. "Delta" exists as airline, faucets, and insurance.

Your Relevant Classes

Retail: Classes 35, 42. Food/cafe: Class 43. Software: Class 42. Clothing: Class 25. Manufacturing: Class 40. Check UK IPO for your industry classes.

Free vs Paid Searches

Free: UK IPO database, EUIPO database, Trademark Lens. Catches 80-85% of conflicts.

Paid: Trademark attorney comprehensive search (£500-£1,500). Catches 95%+ including common law marks, international issues, nuanced conflicts.

Planning significant brand investment. Name is similar to well-known brands. Operating in crowded industry (food, fashion, tech). Expansion plans to EU or US.

When Free Search Suffices

Very unique/made-up name. Local service with no expansion plans. Limited marketing budget. Name search shows zero conflicts.

What If You Find Conflict

Same industry, similar name = choose different name. Different industry = might be okay, consult attorney. Dormant trademark = might be challenge-able, attorney advice needed.

Ready to Verify Your Business Name?