Launching a product under a name or logo that turns out to clash with someone else's brand can be a costly mistake, rebranding, legal claims and lost goodwill. The good news is that a bit of homework before you launch dramatically reduces the risk. Here is how to check your product name and logo are clear, and how to protect them, in England and Wales.
The rights you might bump into
A name or logo can clash with several types of right:
- Registered trade marks, the biggest risk. If someone has registered a similar mark for similar goods or services, using yours can be infringement.
- Unregistered rights / passing off, even without a registration, an established business can stop you using a name that misrepresents your goods as theirs and damages their goodwill (the tort of passing off).
- Copyright, a logo design may be protected by copyright; copying someone's artwork can infringe it.
- Company and domain names, a registered company name or domain can cause confusion, though these are separate from trade mark rights.
Step 1: Do clearance searches before you commit
Before you print packaging or build a brand, search:
- the UK Intellectual Property Office (IPO) trade mark register for identical and similar marks in the relevant classes (categories of goods/services);
- general web and company-name searches for businesses already using a similar name; and
- domain name and social media handle availability.
Searching the right classes matters, a mark may be registered for some goods/services but not yours.
Step 2: Assess the risk
Look for marks that are identical or similar and used for identical or similar goods or services, because that is where infringement and confusion are most likely. If you find a close match, take advice on whether to choose a different name or narrow your offering.
Step 3: Choose a strong, distinctive brand
Distinctive or invented names (think coined words) are easier to clear and to protect than descriptive ones. A descriptive name (describing the product) is both harder to register and easier for others to use.
Step 4: Register your trade mark
Once you are reasonably confident the brand is clear, register your name and logo as a trade mark with the UK IPO in the classes that matter. Registration gives you a stronger, enforceable right, makes it easier to stop copycats, and signals ownership. Consider international registration if you trade abroad.
Step 5: Keep watch
After launch, monitor for later marks or businesses that conflict with yours, so you can object early.
Practical tips
- Search before you invest in branding, not after.
- Get professional clearance advice for anything significant, searches can be technical.
- Favour distinctive names over descriptive ones.
- Register your trade mark and keep evidence of use.
Key takeaways
- Your name/logo can clash with registered trade marks, passing off rights, copyright, and company/domain names.
- Clearance searches at the UK IPO (in the right classes) and online are essential before launch.
- Distinctive brands are easier to clear and protect than descriptive ones.
- Register your trade mark with the UK IPO for stronger protection, and monitor for conflicts.
Sources
- Trade Marks Act 1994 (registered trade marks and infringement)
- The tort of passing off (unregistered goodwill); Copyright, Designs and Patents Act 1988 (logo artwork)
- UK Intellectual Property Office trade mark searching and registration
--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor or trade mark attorney.