A newly registered company using a name identical or similar to your brand can create confusion, disrupt commercial activity or signal an intention to trade on your reputation. Registering a company name does not in itself give a right to use that name as a trade mark, but the registration may still need to be addressed.
Keltie’s company name watching services help businesses identify potentially conflicting company registrations and assess whether further investigation or action may be appropriate.
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Company name watching involves monitoring new company registrations and changes of name for names that are identical or similar to a selected brand, business name or trade mark.
In the UK, this means monitoring relevant registrations at Companies House. Monitoring may also be considered in other jurisdictions where a business has important brands, operations or commercial interests, although the availability and searchability of company registers vary between countries.
The purpose is to provide early warning of company names that may create a legal or commercial concern.
Company names and trade marks are governed by different registration systems. A company registration identifies a legal entity, while a registered trade mark can provide exclusive rights in relation to specified goods or services.
The availability or registration of a company name does not necessarily mean that the name can be used without infringing another party’s trade mark or other legal rights. Equally, registering a trade mark will not automatically prevent a similar company name from appearing on a company register. Company name watching therefore complements trade mark watching by identifying activity that might not appear through monitoring trade mark registers alone.
A potentially conflicting company name may:
A similar company name is not automatically unlawful. The significance of the registration will depend on factors such as:
Keltie’s attorneys can assess the available information and advise whether the registration should simply be monitored, investigated further or addressed more formally.
Depending on the circumstances, options may include:
Changes to the Companies Act 2006 in March 2024 have strengthened the Tribunal route. The Tribunal can now consider whether a company name is likely to mislead members of the public outside the UK, and a company can no longer defend an application on the basis that it is trading under the name, is preparing to trade under it and has incurred substantial start-up costs, or previously traded under the name and is now dormant. Individuals who were members or directors when the name was registered can also be joined to the proceedings.
The right scope will depend on the distinctiveness of the brand, the markets in which the business operates and the types of names most likely to cause concern.
A company name watching strategy may consider:
The objective is to identify meaningful potential conflicts without overwhelming the business with irrelevant alerts.
Keltie combines monitoring with specialist intellectual property advice.
Rather than simply notifying clients that a company has been registered, our attorneys can assess the potential effect on existing rights and recommend a proportionate next step based on the legal and commercial circumstances.
To discuss a company name watching strategy for your brand, contact our team.
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Jason has over 10 years’ experience in the IP profession. He regularly advises clients on the ownership, registration, enforceability and exploitation of IP rights.
Charlotte joined Keltie in 2008, after graduating from the University of Birmingham with a law degree, qualifying as a Chartered Trade Mark Attorney in 2013 and obtaining the IP Litigation Certificate in 2016. After spending 12 years at Keltie, Charlotte spent four years developing and heading up trade mark practices at London law firms. Charlotte re-joined Keltie in 2023 as Partner of the trade mark practice.
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