Help & Advice

Frequently Asked Questions (FAQ)

Welcome to our comprehensive FAQ page, where you’ll find essential answers to your inquiries about Business Name Protection, Registered Design, and Trademark matters.

How much does a registered design cost?

The application fee is dependent on the number of designs included in one application, as it is possible to file a multi-design application in the United Kingdom. A UK design application containing one design costs £300 ex VAT; a UK multi-design application containing up to 10 designs costs £550 ex VAT; and a UK multi-design application containing up to 20 designs costs £750 ex VAT.

How long does a design registration last?

A registered design is renewable every 5 years for a maximum registration period of 25 years.

How long does it take to obtain a design registered in the UK?

The initial registration process takes around 2-3 months to complete.

Can I amend my registered design after submission?

No. Once an application has been submitted it cannot be altered except for the owner’s name and address. It is important your application is as accurate as possible, otherwise a new application will need to be made and the application fees will apply again.

How important are registered design clearance searches?

Registered design novelty searches are particularly important as they are the first step to determine whether the design you wish to use and register is available. We strongly recommend that, to avoid any potential conflict between your proposed design and any existing similar designs, you instruct us to carry out a comprehensive registered design search on your behalf.

Is a registered design effective worldwide? 

No. A registered design is only effective in the country where the design is registered. However, there are several international conventions which assists clients who wish to register a design in more than one country with one single application – this is more cost effective than obtaining separate national registrations. The parent company of Start.Biz, NBR,  works with these international organisations [on your behalf?] to assist clients in registering trade marks across the globe.

Are all registered designs registerable?

No. A registered design will not be accepted if it is not distinctive enough. If this is the case, our report will include advice on the ways you can make your design more distinctive and we will also help you with your application.

Do I need to register my design?

This depends on whether you have something unique that you would like to protect. Protecting a design may become essential to your business in the future and save a lot of headaches down the road. If have any questions or queries regarding registered designs, our expert team with over 30 years’ brand protection experience is on hand to advise. Call us on 0800 069 9090 or drop us an email to mitch@nbrg.co.uk to find out more.

What is a registered design?

A registered design can be the particular look, shape, configuration or ornamentation of a product(s).

How much does a trade mark cost?

NBR’s UK trade mark search is £99 ex VAT. Searches in Europe and the USA are £150 ex VAT per search.

Once it has been established your proposed trade mark is available for use, it can be applied for at the Intellectual Property Office (IPO). Our trade mark team will manage the entire process and obtain registration within 6 months (although please note your trademark is valid from the day of application). 

The cost to apply to register a trademark in the UK is £499 ex VAT for one class. Any additional classes are charged at £120 plus VAT each.

How do I know whether my particular trade mark is already in use?

Before an application is placed to register your proposed trade mark you must ensure your mark will not conflict with any existing trade mark. Furthermore, you should also ensure that there are no existing common law trade marks – in other words, unregistered trade marks, limited companies, business names and/or any reference to your proposed trade mark on the internet. 

Our parent company, NBR, offers a trade mark search service:

This search will indicate whether your proposed trade mark is available or is registered by someone else. The fee is £99 ex VAT for the UK and £150 ex VAT per search for Europe and the United States of America.

Find out more about all of the National Business Register’s trade mark services here.

How long does it take to obtain a trade mark registration in the uk?

The procedure for obtaining a trade mark registration in the United Kingdom takes approximately 6 months. Key point – Registration is effective from the date of application i.e. the sooner you apply, the better.

Can I amend my trade mark or add further goods or services to the trade mark registration?

No. Once a trade mark has been accepted for registration it cannot be altered except for the owner’s name and address. Any further amendments require a new application and registration along with the accompanying fees.

How important are trade mark clearance searches?

Trade mark clearance searches are particularly important as they are the first step to determine whether the trade mark you wish to use and register is available.

We strongly recommend that, to avoid any potential conflict between your proposed trade mark and any existing similar trade marks, you instruct us to carry out a comprehensive trade mark search on your behalf.

Is a trade mark registration effective worldwide?

No. A trade mark is only effective in the country where the trade mark is registered. However, there are several international conventions which assist clients who wish to register a trade mark in more than one country with one single application – this is more cost effective than obtaining separate national registrations. Start.biz’s parent company, NBR works with these international organisations on your behalf to assist clients in registering trade marks across the globe.

How long does a trade mark registration last?

A trade mark registration is renewable every 10 years, with no maximum registration period, meaning your trade mark registration is indefinite so long as it is renewed ( and fees paid) every 10 years.

What class does my trade mark belong to?

It is important to find out the correct class(es) for your trade mark when applying, as trade marks can have more than one class. If you apply using the incorrect class, a new application will have to be made. Each additional class application has a charge of £120 (ex VAT). Feel free to contact us and our team will be able to advise which class(es) applies to your trade mark.

Are all trade marks registerable? 

No. A trade mark will not be accepted for registration if it is not distinctive enough. However, if this is the case, our report will advise how you can make your trade mark more distinctive and we will help you with your application. 

Furthermore, there have been occasions where trade marks that are not distinctive have been accepted for registration if it was proven that the trade mark had acquired a distinctive character because it had been in use for over 5 years. We are on hand to guide you through such cases as these and make the process simple for you.

Do I need a trade mark?

This depends on whether you have something unique you would like to protect. A trade mark may become essential to your business in the future and save a lot of headaches further down the road. If you are unsure about anything to do with trade marks then our expert team with over 35 years’ experience are on hand to advise.

What can I trade mark?

A trade mark can consist of words (including personal names), designs, letters or numerals, the shape of goods or their packaging, and sounds or smells.

How long does the registration last?

Registration is renewable on an annual basis. A renewal notice will be sent to you before your registration expires or you can set up a direct debit for your plan to automatically renew. Alternatively, 2- or 5-year protection plans are available with associated discounts.

How long does it take to register my name?

Registration takes 2 business days from receipt of your application form and payment.

How can I protect my business name?

Registration with Start.biz specifically provides protection against “passing off”, the common law term used to describe copying of a trading name by another business. Your annual subscription means you have peace of mind when it comes to safeguarding your business’ identity. We will instigate and pay for all necessary legal proceedings in protecting your business name using our solicitors and counsel where necessary up to the value of the package that you have chosen.

Are there any words I cannot use in my name?

There are a number of restricted words, which need to be approved for use by the Department for Business and Trade. Restricted words or terms are usually phrases associated with already established official bodies, for example, government departments, health care organisations or other public services. If a restricted word is being used appropriately for your business we will gain permission on your behalf for use of this “restricted” word. If you have any queries regarding possible restricted words, please do contact us before applying.

What happens if my name is already in use?

We will work with you to search for alternative names free of charge.

What is passing off?

“Passing off” happens when someone deliberately or unintentionally passes off their own goods or services as those belonging to someone else. This action of misrepresentation often damages the goodwill of a person or business, causing financial or reputational damage. An example of this would be if business “XYZ Entertainers” established their service in the West Midlands, then a new business starts trading, calling themselves “XYZ of Birmingham”. Customers begin to book the new business believing it to be the previous one, which has a good reputation. 

The potential outcome here is either damage to the reputation of the original business, “XYZ Entertainers”, if “XYZ of Birmingham” provides poor service, or financial loss because the confusion causes customers to book with the wrong company. 

Raising a passing off claim can help you prevent other people from using the goodwill associated with your business for their own benefit and in turn prevents damage to your business’ reputation.

There are 3 elements which must be established when claiming for passing off:

  1. Goodwill - You must prove that you have a “reputation” that the public associates with your specific product or service.
  2. Misrepresentation - You must show that the other business passing off their business as yours has caused confusion, deceived or misled customers into believing that their goods and services are actually yours.
  3. Damage - You must prove that the misrepresentation has damaged or is likely to damage your goodwill, or cause actual or foreseeable loss, whether that be financial or reputational.
What do I need to do to register?

Search your business name here and then apply online here. Once registered, we will send you a certificate of registration which, when displayed, meets all the requirements of Section 1200–1206 Companies Act 2006.

Can I register my name without becoming a limited company?

Yes, we can register your business name whatever the status of your firm, giving you protection and peace of mind.

How do Start.Biz check that my name is available?

We carry out comprehensive searches against all active limited companies, all existing domains and additional business name checks, including our internal Business Names register.

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