What happens if your business name infringes a trademark?
Last reviewed 12 July 2026
Infringing a registered trademark is one of the most expensive mistakes a new business can make, precisely because it usually surfaces after you’ve spent on branding, signage, packaging and a website. And it can happen even though Companies House happily registered your company — the two registers don’t talk to each other.
What infringement looks like
You infringe when you use a sign that’s identical or confusingly similar to a registered mark, for goods or services that are identical or similar, in a way likely to confuse customers. You don’t have to intend it. “I registered the company legally” is not a defence to trademark infringement.
The likely consequences
- A cease-and-desist letter demanding you stop — the most common first step.
- A forced rebrand: new name, logo, domains, printed materials, and the SEO you’d built up, gone.
- An account of profits or damages, plus potentially the other side’s legal costs.
- Loss of the company name via the Company Names Tribunal or a court order to change it.
Why Companies House won’t save you
Companies House only checks its own register for “same as” names. It does not check the trademark register. So a name can pass incorporation and still be a live trademark in your sector — which is exactly the company-name-vs-trademark gap that catches people out.
How to avoid it
Screen the trademark register before you commit — for identical and similar marks, in the classes that match your goods and services, filtering for live registrations. NameVetted does exactly this as part of a full report, ranks the closest marks, and routes genuinely high-risk results to a trademark attorney. Start with a free check to see whether there’s anything to worry about.
This is general information, not legal advice. If a check flags a close, live mark, get a professional clearance opinion before proceeding.
Check your name across all of it — free
Companies House, trademark risk, domains, social handles and sensitive words in one check. See where your name actually lands before you commit.
Frequently asked questions
Can I be sued if Companies House approved my name?
Yes. Companies House approval only concerns its own register. A registered trademark owner can still pursue infringement, and company registration is not a defence.
Will I always have to rebrand?
Not necessarily — outcomes range from coexistence agreements to a full rebrand — but the cost and uncertainty are why screening the trademark register before you launch is worth it.
Related guides
Company name vs trademark: what’s the difference?
A company name lets you exist. A trademark lets you stop others trading on your name. They’re different registers with different rights — here’s how they fit together.
How to check if a business name is available in the UK
Availability isn’t one check — it’s four. Here’s the order to run them in, and why a free Companies House result doesn’t mean the name is yours.
Can two businesses have the same name in different industries?
Delta the airline and Delta the tap-maker both exist for a reason: trademarks are class-specific. But “different industry” has limits — here’s where the line really is.