| Brand name and company name | A new brand does not replace the registered name. A company must show its registered name on its business letters, notices, order forms, invoices and other demands for payment, receipts, websites and all other business correspondence and documentation (2015 Regulations, reg 24). | Keep the legal name and the brand name straight on contracts and invoices, and take advice on your state’s rules for trading under another name. |
| Other details on letters and websites | Business letters, order forms and websites must also show the part of the UK the company is registered in, its registered number and its registered office address (reg 25). | Take advice on what your state requires. |
| Signs at your premises | The registered name must be displayed at the registered office, any inspection place and other places the company carries on business, with some exceptions such as a place used mainly as a home, in characters readable with the naked eye (regs 20 to 22). | Take advice on what your state requires. |
| How the company name changes | By special resolution, or by other means the company’s articles provide (Companies Act 2006, s.77). After a special resolution the company gives Companies House notice of the change as well as a copy of the resolution (s.78), online or on form NM01. | Under the law of the state where the company is incorporated. Take advice on the steps and the filing. |
| When the new company name takes effect | From the date Companies House issues the new certificate of incorporation (s.81(1)). Use the new name on documents from then. | As the state’s rules say. |
| Existing contracts and claims | The change does not affect the company’s rights or obligations or make legal proceedings by or against it defective, and proceedings that could have been continued or started against it under its former name can be continued or started against it under the new name (s.81(2) and (3)). | Take advice. |
| Checking the new mark is clear | Search the trade marks database for the same or similar marks before you apply, and get professional advice if you find one. The IPO contacts holders of identical or similar marks when you apply. | Search the USPTO database, state trade mark databases and the internet. The USPTO’s examining attorney checks only the federal database, and likelihood of confusion with a registered mark is one of the commonest reasons applications are refused. |
| What registration protects | A UK registration protects the brand in the UK and the Isle of Man, only in the classes and terms you choose, and you cannot add terms after you apply. It lasts 10 years and must be renewed. | Federal registration creates rights throughout the United States. Without it you may rely on common law rights from use in a particular area; a state registration covers that state only. Registration is kept by filing maintenance documents. |
| The ® symbol | Once the trade mark is registered. | With a federal registration, to show the mark is registered with the USPTO. |