How to check a product name for trade marks in the UK

A trade mark conflict is the most expensive naming problem you can have. It can mean changing your name after you've paid for a logo, a website, packaging and months of marketing. The good news is that you can do a useful first check yourself, for free, in under an hour. This guide shows you how.

What a trade mark covers

A registered trade mark gives its owner exclusive rights to use a name (or logo, or other sign) for specific goods and services. In the UK, marks are registered with the Intellectual Property Office (UKIPO). Each registration lists the goods and services it covers, grouped into numbered classes under an international system called the Nice Classification. There are 45 classes: 1 to 34 are goods and 35 to 45 are services.

That's why two businesses can sometimes share a name. A mark for clothing doesn't usually stop someone using the same word for accounting software. The question is always whether your name, used for your goods and services, is likely to be confused with an existing mark.

Step 1: Work out your classes

Start by listing what you'll actually sell, now and in the foreseeable future, and find the matching classes. Some common ones:

• Class 9: downloadable software and apps, plus electronics
• Class 42: software as a service, IT and design services
• Class 35: advertising, business services and retail services
• Class 36: financial and insurance services
• Class 41: education, training and entertainment
• Class 25: clothing and footwear
• Classes 29 to 33: food and drink
• Class 43: restaurants, cafés and accommodation

A software product often touches classes 9 and 42, and sometimes others depending on what it does. Searching related classes as well as your own is sensible, because similar goods and services in different classes can still conflict.

Step 2: Search the register

Use the UKIPO's free search for a trade mark (opens in a new tab) service. Don't stop at the exact name. Search for:

• The exact name, with and without spaces.
• Spelling variations, such as a k for a c, a z for an s, or dropped vowels.
• Names that sound the same when spoken, even if they look different.
• The distinctive part of the name on its own, if it has more than one part.

Filter by your classes, then look at each result's status. Registered and pending marks matter. Marks that have expired or been withdrawn usually don't, though the business behind them may still be trading. The UK register also includes marks that were converted from EU registrations when the UK left the EU, so don't assume an EU brand has no UK rights.

Step 3: Judge whether a result is a problem

A similar mark isn't automatically a blocker. What matters is whether ordinary customers might be confused. That depends on:

• How similar the names look: the letters, length and structure.
• How similar they sound: names that sound alike can conflict even when spelled differently.
• How similar their meaning is: two names that mean the same thing can conflict.
• How similar the goods or services are: the closer the markets, the higher the risk.
• How well known the earlier mark is: famous marks get wider protection.

As a rough rule: an identical or near-identical mark in your class is a serious red flag. A similar mark in a closely related class needs a closer look. A similar mark in an unrelated class is often fine, unless it's a famous brand.

Step 4: Look beyond the register

In the UK, businesses can have rights in a name they've never registered. If they've built up a reputation under it, they may be able to stop you through the law of passing off. Search the web, Companies House and the app stores for businesses using the name in your area. Our availability checklist covers these checks.

Step 5: Ask whether you could register it

Clearing other people's marks is half the picture. The other half is whether you could protect the name yourself. The UKIPO can refuse marks that simply describe the goods or services, that are generic in the trade, or that lack distinctive character. Invented, arbitrary and suggestive names are usually easier to register than descriptive ones. See what makes a good product name for the spectrum from descriptive to invented.

What to do next

• If you found a serious conflict, it's usually cheaper to choose another name now than to argue later.
• If the results are unclear, a trade mark attorney can do a full clearance search and give you an opinion. The Chartered Institute of Trade Mark Attorneys (CITMA) lists qualified attorneys.
• If the name looks clear, consider applying to register it. GOV.UK explains how (opens in a new tab), including the current fees. Registration lasts ten years and can be renewed.

How NameClicked helps

A NameClicked Full Assessment screens the UK register for identical and similar marks in the classes that match your description, and flags them in the report. An identical mark in a relevant class caps the name's score, so it can't be hidden by strengths elsewhere. It's a fast first screen that tells you where to look harder. It doesn't replace a professional clearance search. See how NameClicked scores a name.