INTELLECTUAL PROPERTY

A brand name is not ready until you have checked it

Early trade mark searches can prevent expensive changes later.

Choosing a name is a creative decision. Using it in the market also raises a legal question: whether a similar mark already exists for the goods or services you plan to offer. A search before committing to signage, packaging or a launch can save time and expense.

Look at the mark and its use

The UK Intellectual Property Office advises applicants to search for identical or similar marks and to identify the relevant classes of goods and services. A search result needs judgment: similarity is not limited to exact spelling, and a mark may matter in some classes more than others.

Plan for the business you intend to run

Write down the products and services that will use the name, where they will be offered and any planned expansion. If a similar registration appears, pause before filing or launching and seek advice on the available options.

Read the Intellectual Property Office's pre-application guidance.