Infringement Ninja

Makers, founders and small businesses

How to check if a name is trademarked in the UK

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The short answer

Search the UK Intellectual Property Office's trade mark register for your name and close variations, in the classes that cover what you sell. A clash isn't only an identical name: a similar-sounding or similar-looking mark for related goods can block you too. Then search the web and Companies House, because someone may have unregistered rights from using the name.

Step 1: search the UK register

The UK IPO's free trade mark search lets you look up words, numbers and owners. Search your exact name, then variations: plurals, misspellings, the name split into two words, and anything that sounds the same.

UK registrations include comparable marks created from EU trade marks that were registered before 1 January 2021, so older EU brands can show up on the UK register too.

Step 2: focus on the right classes

Trade marks are registered for specific goods and services, grouped into 45 classes under the Nice classification. A mark for clothing (class 25) doesn't usually stop the same word being used for software (class 9), unless the earlier mark is well known. Look up the classes for what you sell and check those, plus closely related ones.

Step 3: think like the tribunal

  • Similar, not just identical: one letter apart, or the same sound, can be enough.
  • The dominant part counts: an extra word like 'studio' or 'co' rarely makes a mark different enough.
  • Related goods count: candles and soaps, or apparel and accessories, are often treated as similar.
  • Status matters: a pending application can still block you once it's registered.

Step 4: check for unregistered use

A business that's been trading under a name can stop you using it through passing off, even without a registration. Search the web, social platforms, marketplaces and Companies House. Note that a company name being available at Companies House doesn't mean you can use it as a brand.

Step 5: check your listings, not just your name

Sellers often get into trouble not with their own name but with other brands in their titles and tags: 'style', 'dupe' or 'inspired by' next to a well-known name is still trade mark use. Check each listing before you publish it.

Mistakes to avoid

  • Only searching the exact spelling: sound-alikes and one-letter changes are where most conflicts hide.
  • Ignoring related classes: a clash in a neighbouring class can still lead to an opposition.
  • Assuming a domain or social handle means the name is free to use as a brand.
  • Launching first and registering later: someone can file in the meantime, and the earlier filing date wins.
  • Forgetting product lines: a distinctive product name may need its own search and registration.

How Infringement Ninja helps

Paste a listing or a link into Infringement Ninja's listing check and you'll see which words or images could get it removed, who likely owns them, and a safer title and tags. Once you've chosen a name, a watch alerts you if someone files something similar.

Common questions

Is the UK trade mark search free?

Yes. Searching the UK IPO's trade mark register online is free.

If a name isn't on the register, can I use it?

Not necessarily. Someone may have unregistered rights from using it, so check the web and marketplaces too, and consider registering the name yourself.

Does registering a company name protect my brand?

No. A company name registration at Companies House doesn't give you trade mark rights. Register a trade mark to protect the brand.

Catch copies before your customers do

Infringement Ninja watches the UK trade mark journal, lookalike domains, the app stores and the web, marketplaces included, for your brand, and drafts the takedowns. Free for one brand.

Check a listing

Related

This guide is general information, not legal advice.