Can You Trademark a Business Name That’s Already a Company Name?

Can You Trademark a Business Name That’s Already a Company Name?

Yes — in the vast majority of cases, you can successfully trademark a business name even if it is already registered as the name of a limited company at Companies House.

This is one of the most common questions we get from founders, and the short answer is usually reassuring. But let’s break it down properly so you understand why it works, when it might not, and how to do it safely.

Two Separate Registers – They Don’t Overlap Automatically

The UK has two completely independent systems for names:

1. Companies House – Registers the legal name of limited companies, LLPs, etc. Purpose: Prevent two companies from having identical (or extremely similar) official names. Protection level: Very limited. It only stops another limited company using the exact same name. It does not prevent:
   • Sole traders or partnerships using the name
   • Anyone trading under that name
   • Someone registering it as a trade mark Cost: £12 online, done in 24 hours.
     
     
2. UK Intellectual Property Office (UKIPO) – Registers trade marks (names, logos, slogans, etc.). Purpose: Grant exclusive rights to use the mark for specific goods/services across the entire UK. Protection level: Strong. Once registered, you can stop almost anyone from using the same or confusingly similar name in your field of business. Cost: Starts at £170 for one class + £50 per additional class.

Because these are two separate government databases with different purposes, having a company name registered at Companies House does not block you from later trademarking the same name (or a very similar variation).

In practice, this is extremely common:

• Company name: “Fresh Brew Coffee Ltd”
• Trading name / brand: “Fresh Brew Coffee”
• Trade mark: “Fresh Brew Coffee” registered in Class 30 (coffee) and Class 43 (cafés)

Thousands of businesses operate this way every year.

Real-Life Examples of This Working Perfectly

• A Manchester bakery registers “Dough & Co Ltd” at Companies House. They then trademark “Dough & Co” for baked goods – now they can confidently stop copycat pop-ups.
• A London tech startup called “PixelForge Ltd” trademarks “PixelForge” in Class 9 (software) – even though the company name is already taken, the trade mark gives them nationwide brand control.
• High-street chains like “Greggs” or “Pret A Manger” have their trading names trademarked separately from (and stronger than) their company registrations.

When It Might Go Wrong (The Important Caveats)

While the company name itself isn’t a barrier, other things can block your trade mark application:

1. Earlier registered trade marks If someone else already has a UK or EU trade mark for the same/similar name in the same or related classes, your application will be refused on relative grounds (conflict with prior rights).
   
   
2. Unregistered rights (Passing Off) If another business has been trading under the name for years and built significant reputation/goodwill, they can oppose your application even without a registered trade mark.
   
   
3. Bad faith applications If you’re trying to trademark the name just to block the existing company (with no genuine plan to use it), the application can be challenged as bad faith.
   
   
4. Descriptive or generic names “Best Burgers Ltd” might be fine as a company name but very hard (or impossible) to trademark because it’s descriptive of the product.

Smart Steps to Take Before You Apply

To maximise your chances of success:

1. Do proper clearance searches first
   • Free UKIPO trade mark search (identical + similar marks)
   • Check for unregistered use (Google, social media, Companies House trading names, domain names)
   • Optional: Professional clearance report (£80–£150) – highly recommended for anything valuable
     
     
2. Choose the right classes Pick classes that match what you do now and plan to do in future (e.g. Class 25 for clothing, Class 35 for retail/online sales).
   
   
3. File early The UK is first-to-file. Get your application in before someone else does – even if your company name is already registered.
   
   
4. Use ™ immediately Once you’ve filed, you can use the ™ symbol (unregistered trade mark). Switch to ® after registration.

Bottom Line

Having your business name registered at Companies House is not an obstacle to Trademark Business Name. In fact, it’s a very common and perfectly legal setup.

The real deciding factors are:

• Is the name distinctive enough?
• Are there any earlier trade marks or strong unregistered rights?
• Have you done thorough searches?

If the answer is yes, go ahead and trademark it. That’s what turns a simple company name into a protected, valuable brand asset you can enforce, license, or sell one day.

Don’t leave your brand vulnerable – trademark it properly. It’s one of the smartest (and cheapest) investments you’ll make.