UK Business Information / Intellectual Property and Brand Protection

Usually an overseas company setting up a company in the UK will wish to ensure that its existing brand and reputation will be protected in the UK, although sometimes the intention will be to adopt a new identity in the UK, which an overseas company will wish to create and protect.  Key issues to consider are:

Company/Business name

 It is possible that existing corporate/trading names are already being used in which case the objective will be to try to acquire that name, or a similar one.  If the names are not yet taken, names can be protected.

Domain names

Similarly, efforts should be made to acquire or register the desired domain name.  An overseas company may wish to register its domain name at the same time as it sets up a subsidiary company so that the domain name can be matched to that of the new subsidiary company and to ensure that no one else can use that name. 

Trade Marks

Sometimes an overseas company will already have trade mark protection across the EU, but if not, care should be given to the possibility of registering such a trade mark either in the overseas company’s country of origin, in the EU as a community trademark or in the UK.

In relation to these issues, legal help can be obtained and that includes making searches both to ascertain availability of names and marks and risks of infringing rights of others.

Further information

Visit location4business' information page on intellectual property rights in the UK.

This guidance is intended to provide certain information which may be of interest to an overseas company wishing to set up in the UK.  It is not intended to be a full and comprehensive guide, nor to provide any specific legal advice and it does not discuss the special rules or regulatory requirements which apply to certain special types of companies in the UK.  Professional advice should always be sought in relation to any specific situation.

Copyright SGH Martineau LLP

July 2010