Protect and de-risk your brand
Register your brand name – why, when and how to do it

Constant, unpredictable change has become the background against which we live our lives and run our businesses and organisations. And with light-fingered AI adding to the uncertainty, helping itself to our creative and commercial endeavours – protecting what’s ours has never been more important.
So, if you’re thinking about rebranding or changing your brand name or, if you’re concerned about preserving what you already have – the authority, reputation and value associated with your existing brand – you may want to consider formally registering your trade mark. Doing things by the book, you will have registered your organisation’s name with Companies House or the Charity Commission, but registering your brand itself offers so much more than just protection.
Brand names are the most universally recognisable communication tool in the world.
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In this post I focus on the process I recently went through to register The Co-Foundry brand name and some of the benefits that can be gained from doing so. (There are, of course, other types of trade marks – they can include words, logos, shapes (think the Coke bottle shape), colours and even sounds, the Intel audio jingle for example.)
The value of a brand name
A brand name is one of your most valuable assets, with rebranding and/or renaming your organisation being one of the biggest marketing investments you undertake. The processes are both time- and resource-intensive – not just during the initial project but also in the effort it takes to build brand recognition consistently and over time, post-launch. With this in mind, is it worth skipping a step that can protect that investment?
When I rebranded as The Co-Foundry I took that risk. Buoyed up by the excitement of it all, I wanted to get going fast and launch my new consultancy. Being a company of one meant that this course of action (or inaction) posed a far lower risk than it would have done for a medium-sized or large charity or SME. But now, three years on, I have taken the time to protect the name – partly because it’s the right thing to do and also because it allows me, in having a taste of my own medicine, to gain an in-depth understanding of the process.
It’s all in the name
So that I can set out the most complete version of the registration process, I’ve chosen to take you through the steps involved in registering a newly named or renamed organisation.
Renaming is fun. It’s like going out and buying yourself a whole new wardrobe. You can’t wait for the right occasion to show it off. The clothes fit better than the last lot, maybe you’d ‘expanded’ or realised that particular shade of green is a bit off but I digress…Your reasons for renaming can be many and varied.
Renaming isn’t something that should ever be done lightly. As a brand design consultant I only ever recommend a name change when I have solid evidence to support it. This year we’ve worked on renaming two organisations: a digital agency (client interviews revealed that people couldn’t pronounce the quirkily spelt name and found it hard to type and remember) and a young person’s mental health charity (parents in particular found the brand’s initials hard to recall and no one in the organisation could explain what the letters stood for. Parents even went so far as to say that not knowing what the initials meant, made them feel stupid and excluded in a sector that is, after all, awash with acronyms and abbreviations).
Don’t fall in love just yet
When you’re thinking of names, don’t settle on coming up with just one name to put forward. Keep your options open. We always advise running stakeholder testing for your ‘long’ shortlist before settling on a ‘short’ shortlist. We do basic domain name and Companies House checks but these are never as thorough or watertight as those undertaken by an IP lawyer and, speaking from personal experience, it definitely pays to have one in your corner! There’s always the chance that quite early into the process you’ll discover that the name you want is not up for grabs, so we recommend taking three names into step 1 below.
How to register your brand name
Broadly speaking there are four steps you need to complete to achieve a trade mark registration:
- A ‘knockout’ search for a shortlist of say, three names (if renaming) or your existing name – these high-level searches of the trade mark register are done to see whether there are any immediate red flags. This manages the risk of conflict and takes just a few days.
- A full UK clearance search for the preferred name – this is a wider search, and covers not just identical and near-identical, but similar trade marks as well. There’s obviously no guarantee, but following this search you can (assuming the results of the search are relatively clear) be feeling comfortable that the brand name is available from a legal perspective. This step takes around a week from start to finish.
- Filing a trade mark application – typically the first step is filing a UK trade mark application. The Intellectual Property Office (IPO) then examines the eligibility of the trade mark. If there are objections, your IP lawyer responds to them. Before registration is granted, applications are published on the IPO website. With no major objections or oppositions, this Opposition Period can take up to 3 months. If there are other territories that are of interest to you, you could then look at applying for an International Registration, designating these territories, and ‘claiming priority’ from the UK application (provided you file within 6 months of filing the UK application) such that your overseas filings enjoy the initial filing date in the UK.
- Recording the name – assuming the application is successful you are then free to record the new name with the Charity Commission and/or Companies House. And use the ® at the end of your name and logo should you wish to.
With The Co-Foundry it wasn’t necessary to check multiple names, and we’d already registered our name with Companies House so we skipped steps one and four.
Why register your brand name
De-risks your brand
Taking you back to that ‘new wardrobe’ analogy, unwittingly picking a name that a competitor is using, is a whole lot worse than going to a wedding and meeting someone in the same outfit. At best, you risk being politely asked to cease using the name.
Some years ago, Pfizer, a major pharmaceutical company, was ordered to pay $143 million in damages to Trovan Ltd. for using the trade mark TROVAN, as the name of an antibiotic. Pfizer admitted that it was unaware the mark had been previously used and registered, as it had not performed a trade mark clearance search before adopting the name for their product.
Builds value in your brand
As a charity or as a business owner you may be looking to do due diligence on your existing brand name or you may, in the case of a business, be looking to sell at some point in the future (a buyer would almost certainly expect to see trade mark registrations). A formally registered name helps to signal to both clients and potential investors that you’re a serious operator. Other benefits, linked to (steps 1 & 2) clearance searches and (step 3) registrations are as follows:
Benefits of running Clearance Searches
- The main benefit is being sure that you can use your brand without the risk of being sued for trade mark infringement. A relatively modest outlay in the early stages can help avoid potentially significant re-branding costs.
- It makes you confident in the knowledge that if you were to file a trade mark application you’d have an unopposed, clear path to registration.
- Potential investors in your company (or a purchaser if you’re looking to make an exit) will likely need to see evidence of thorough clearance searches, offering reassurance the brand name is available to use.
Benefits of owning trade mark registrations
- It allows you to take action against ‘copycats’ who may be trying to use an identical or similar trade mark, for identical or similar services.
- It helps to signal to potential investors that you are a serious operator when pitching for new business or investment. Also, it allows you to use the ® symbol in your marketing materials, albeit this isn’t obligatory. Looking further forward, if you ever want to make an exit, a buyer would almost certainly expect to see trade mark registrations.
- Trade mark protection is one way in which a business can attempt to put a price on its brand, an otherwise intangible asset. Like any other asset, it can also be exploited to increase turnover for your business (e.g. through selling trade mark registrations that are no longer of commercial interest, collecting royalties from licensed trade marks, or using a trade mark as security for a loan).
- It offers market clarity, providing an understanding of the competitive landscape and avoiding unintentional association with existing brands, which might have a negative impact on yours.
- A registered trade mark can provide a competitive advantage in the market by solidifying brand presence and reducing the risk of brand dilution.
- It builds trust – the ® symbol is a sign that the organisation takes its brand seriously and can be trusted.
Trade marking – a proactive strategy
Conducting thorough trade mark clearance searches is a proactive step in the branding process. It can prevent many potential issues and ensure the longevity and success of a brand. Owning trade mark registrations is a strategic move that provides significant legal, commercial and financial benefits, helping to safeguard and enhance the value of a brand.
This month I received the news that The Co-Foundry® is official! I have the lovely Jonty Warner to thank for holding my hand through the process.
There is nothing quite like eating your own dog food.
Endnote
As you might imagine, I’m a passionate advocate for using specialist professional consultants. Rather than going with a large agency or, in this case, law firm, I chose to work with an independent lawyer Jonty Warner. Jonty has provided the process and legal advice for this article. Every case of trade marking will be different and times change so always seek advice directly from a professional. This article is intended as an introduction, recounting a personal experience and does not constitute legal advice.