The information contained in this article should not be relied upon as legal, business, or tax advice. We encourage you to seek guidance from your legal counsel, business or tax specialist with regard to how the information contained in this article may or may not apply specifically to your business.
The Interior Designer’s Startup Guide to Business Name Trade Marks
Intellectual property rights is unlikely to be the first thing that comes to mind when opening an interior design firm. But understanding business trade marks, and how professionals in the interior design industry use them, can help protect what you have worked so hard to build. The name of your interior design business is vital to your livelihood and growing a successful enterprise. It is how clients recognise you, identify with your brand, and associate with the interior design services that only you offer. The last thing you want is someone else using a similar name, confusing customers and potentially luring away prospective clients.
What is a Trade Mark in Interior Design?
To understand trade marks, think of the name or logo of any well-known brand that consumers immediately associate with its products or services. A trade mark is a word, phrase, symbol or design or combination of all of them that identifies and distinguishes the source of a product. In the case of Nike, for example, it is the company name “Nike” and its highly recognisable “swoosh” logo that constitute its key trademarks. These iconic trade marks distinguish its sports shoes from all others, and are known throughout the world. Similarly, a service mark is the same as a trade mark and can be a logo, word, phrase or symbol, but it identifies and distinguishes services.
And while most brands are not as famous as Nike (we can all dream, can’t we?), registering a trade mark with the UK’s Intellectual Property Office (IPO) via gov.uk can be an important step in protecting your interior design firm and the services it offers. An interior design business name trade mark prevents others from using that business name or symbol in connection with any similar goods or design services they offer, it gives the trade mark holder the right to take legal action against anyone using your brand without permission, including counterfeiters, and allows you to register the trade mark internationally.
Do I Have to Trade Mark My Interior Design Business Name?
It’s not a legal requirement to trade mark the your interior design business in the UK, however, if you don’t, you run the risk of other businesses imitating and copying your name. By registering your brand name as a trade mark, you are provided with exclusive legal rights that protect your company.
Plus, if you operate internationally, you can also register your trade mark overseas with the EUIPO that covers all 27 member states of the European Union. Further afield, you’ll have to register with the individual countries you wish to operate in.
Should I Trade Mark My Interior Design Business Name or Logo?
To help you decide whether you need to trade mark your interior design business name or logo, here are some pros and cons to consider before taking the next step:
Pros:
- Provides greater legal assurance that no one will use your company name
- Helps solidify, define and elevates your interior designer brand and reputation on a national scale
- Avoids confusion among customers because they find no duplicate business names when seeking out your interior design services
- Investors often require a trade mark before investing in a business
- Encourages you to choose a business name for your interior design firm that differentiates your interior design services from all others
Cons:
- There are monetary and time costs associated with registering a trade mark for an interior design business name, making it challenging for a pro just starting out
- It is time-consuming to choose a unique name and search the trade mark database for other interior design business names
- Filing an infringement case could bring costly legal fees, and the outcome is not guaranteed
- Others can challenge your application
Picking Trade Mark Names for Your Interior Design Business
The type of business name you chose for your interior design firm matters when it comes to registering a trade mark - and for running a successful and growing interior design business. Whether you decide to register a trade mark or not, keeping the government’s IPO guidelines in mind can help you choose a name and logo that reflects your design business, approach and style and yours only.
Here are some tips:
Avoid Common Names
The IPO seeks distinctive names and will not trade mark common, generic names or terms
Be Different
Trade marks are rarely granted to names or symbols easily confused with existing trade marks. This may include exact replicas, names that are similar in pronunciation or spelling to an existing trade mark, and logo designs reminiscent of registered ones.
Search Names & Domains
In choosing the name of your design business, it’s important to search the IPO’s trade mark database to see if anyone has registered a company name or logo that’s identical or similar, for the same services. You can either do this yourself of choose to work with a UK chartered trade mark attorney, which you can find through The Chartered Institute of Trade Mark Attorneys (CITMA).
If you find someone has registered your name but for different services, and you still want to go ahead, you will need to get the holder’s permission to register yours.
Make up Words
The key to a good name - besides being easy to read and pronounce, of course - is to be sure that it is indeed distinctive. Making up new words, or adding letters to existing words is a tried and true method. Google, Xero, Spotify, and Kleenex are just a few vocabulary words that did not exist before these brands added them to our lexicon.
Personal Names Work (Sometimes) Choosing personal names worthy of trade marks can be challenging, but companies such as John Lewis and Ben & Jerry’s have succeeded in doing so.
Combine Words
Sometimes putting common words together in unusual ways can also create a business title fitting of a winning trade mark, while reflecting what the product is: Think Walkman, Rollerblade and Super Glue.
Be Descriptive, but Brief
Whatever business name you choose for your interior design firm, make sure potential clients know what you are: an interior designer. Then, make sure the name reflects your design style, philosophy and services offered.
For more tips, read How to Name Your Interior Design Business.
How Do I Trade Mark My Interior Design Business Name?
If you are ready to get started in registering the trade mark your interior design business name, here are the next steps and what to expect throughout the trade mark application journey:
1. Make Your Plan
Create a concrete name (see tips above) and concept for your trade mark and determine if you want to trade mark just the name of your interior design business, or a logo too. If you’re not sure, you can always start with the name and add the logo later. Search the Intellectual Property Office (IPO) database to make sure your name or logo is not already registered. Also, search beyond the database to assure that the name is not being used with an unregistered trade mark. The government's database of all registered businesses can help. You can also try searching domain databases like GoDaddy and IONOS, combined with other internet search engines.
2. Apply
Complete an application with the UK IPO once you are confident that the name of your design businessis distinctive enough to earn a registered trade mark. Online applications cost £170, and it’s also possible to apply by post. Hiring a chartered trade mark attorney through the CITMA can help you cross the t’s and dot the i’s on the application, but is not required.
3. Follow the Application’s Progress
Stay updated on your application process. The IPO will conduct an examination to check your trade mark is original and no similar trade marks exist. The details are then published in case anyone wants to oppose the application.
4. Objections are Possible
People can contest your trade mark request if they think it infringes on their trade mark or is so similar that it would cause confusion among potential clients. If there are any objections, the IPO will let you know and you must settle these within two months before you can register your trade mark.
If there are no issues, it usually takes around 3 to 4 months for your trade mark to be granted.
What to Do if Someone Infringes Your Trade mark
Now that you have a business name trade mark for your interior design business, you have the right to take action if anyone else uses it. As defined by the IPO, trademark infringement occurs when there is an unauthorised use of the name, logo, or symbol of your trade mark that is done in a manner that is likely to cause deception, confusion, or mistakes about the source of the goods or services offered.
Some infringements lead to criminal actions being taken by Trading Standards. To prove the case, the owner of the trade mark must show evidence that he or she is the trade mark owner and that the logo or name being used by the defendant is likely to cause confusion in the minds of consumers about the source of the goods or services offered.
If the ruling is in your favour, possible remedies include: An injunction ordering the party to stop using the name, monetary relief, and the payment of your legal fees.
Case outcomes vary and depend on the quality of the evidence and documentation provided. An experienced trade mark attorney should be able to provide you with an opinion as to the validity and strength of your claim - or any challenge of your registered trade mark.
A Final Word on Business Name Trade Marks for Interior Designers
Whether you are the owner of a brand new interior design business or a seasoned professional with a long-time enterprise, you can register your business name trade mark at any time.
Your business name is a valuable asset that carries with it your reputation, brand, and ongoing success. Registering your interior design business name as a trade mark may be one way to protect it - and all it means to growing your interior design career - for years to come.
For more information about protecting your interior design firm read Should I Copyright my Business Name?
