Many limited companies will have a name or logo that they would like to protect.  Incorporating your company with Companies House gives you protection against someone registering a company with the exact name.  However it may not give you protection against another party trading with a similar name.

However, you can get protection of your intellectual property by registering for a trademark.  If you register your company name and logo as a trademark you will have protection in law against another party using the exact same name and logo (assuming you had the right to register the trademark and logo in the first place).

If you do not have a trademark registration you can still legally stop another party using your logo if they are “passing off” themselves as you.   However the legal process is easier if a trademark registration exists.

Another benefit of a trademark is that any party making an application for a new trademark in the same class can be prevented from doing so.  Also you should be informed if anyone tries to make an application which is either identical or significantly similar to your trademark by the Intellectual Property Office and you will then have a chance to appeal, potentially stopping the other party from successfully registering.

Once you have formed your company, you may wish to apply for a trademark relatively early after incorporation.  The consequences of not doing so could be expensive.  Whilst you can complete the application yourself, you may wish to take specialist legal advice to ensure you get the full protection you require.

For more information visit the Intellectual Property Office website or to begin the company formation process visit www.wisteriaformations.co.uk.