Company Name Registrations – A False Sense of Security?

Companies with a range of own brands/trade marks will often (but not always) have good knowledge and experience of the registered trade mark system for protecting these brands.  However, many single-brand companies, whose Company Name is perhaps their sole brand/trade mark, understandably believe they have done enough to protect the Company Name as a trade mark by registering their Company Name at Companies House.  Such companies would doubtless be shocked to later discover that, because they failed to register their Company Name as a trade mark, they may find it difficult to stop a third party (e.g. a competitor) using or registering the same trade mark.  Even if the “own name defence” may allow them to continue using their company name as a trading name, the loss of control of their brand could prove extremely costly.  Passing off rights may, in some cases, save the day, but such rights can be difficult to demonstrate and should not be relied upon.

IP professionals need to spot these misconceptions before it is too late for the companies concerned.  All it takes is a simple question – do you have a registered trade mark on your Company Name?

If you need further advice, please contact a member of the Trade Mark Team at Appleyard Lees.