What is a Trade Mark and What Makes a Good One?
If you’ve ever spent hours (or days!) coming up with the perfect name for your business, you’re not alone. But once that lightbulb moment strikes, there’s a question many small business owners forget to ask:
Can I actually protect it?
A lot of people check Companies House to make sure no one else has the same limited company name. That’s a great start, but unfortunately it’s not enough. Even if your company name is available, someone else might already have a registered trade mark for that name (or something similar), which could stop you from using it altogether.
So, let’s take a step back.
What is a trade mark?
A trade mark is basically your brand’s legal identity.
It’s what tells customers that what they’re buying, or who they’re buying from, is you.
It can be a word, logo, slogan, shape, sound, colour, or a mix of these. Essentially, it’s whatever makes your brand you and helps people tell you apart from others.
Think of it like your business’s signature, unique, recognisable, and protected by law.
So what makes a good trade mark?
Not all names are created equal! Some are easy to protect, others are a legal headache waiting to happen. Here’s what separates the strong from the shaky.
1️⃣ Be distinctive (not descriptive)
This is the golden rule.
A strong trade mark stands out, it doesn’t just describe what you do.
If your business name simply tells people what you sell (“Tasty Cakes”, “London Plumber”, “Fast Cleaners”), it’ll be harder and sometimes impossible, to register or enforce.
The best marks are memorable, unique, and a little bit clever.
Here are some examples:
Canva – a made-up word that feels creative and visual (perfect for a design tool).
Spotify – distinctive, short, and doesn’t describe music streaming.
Etsy – totally invented, and now globally recognised.
Airbnb – suggestive rather than descriptive (it hints at travel and staying somewhere cosy, without spelling it out).
These work because they mean something to the brand, not because they describe the service.
2️⃣ Don’t mislead people
Your trade mark shouldn’t suggest something it’s not, like hinting your products come from a certain place or are made of certain materials when they’re not. It’s all about keeping things clear and honest.
3️⃣ Avoid generic or overused terms
If your brand name becomes the everyday word for something, you could actually lose your protection. (Hoover and Escalator both started out as trade marks before becoming generic terms!)
Also, if you use super common words in your industry, it’ll be harder to stand out or stop others from using similar names.
4️⃣ Think ahead
Will your name still fit in five years?
If you’re using a geographic word like “Rutland” in your brand name now but start serving in other locations in a few years, it might not make sense anymore? Choose something that can grow with you and doesn’t box you in geographically or product-wise.
5️⃣ Keep it culturally safe
Always double-check that your name doesn’t mean something rude or odd in another language — especially if you’re planning to sell overseas!
6️⃣ Check it’s legally available
Before you fall in love with a name, search the UK Trade Marks Register (and anywhere else you might trade) to see what’s already taken. It’s the best way to avoid an expensive rebrand later.
7️⃣ Make it memorable and brandable
A good trade mark is one people can remember, say easily, and picture.
You want something that looks good on your logo, packaging, and socials and feels right when you say it out loud.
Final Thoughts
The best trade marks are distinctive from the start. They tell your story, help you stand out, and can be protected legally.
Choosing a strong mark early on saves you a world of headaches later, both in marketing and in law.
If you’re at the naming stage or just want to sanity-check your brand name before you go too far, it’s worth a quick chat with someone who lives and breathes trade marks (👋 that’s me!).
Next up: In my next post, I’ll cover why you need a trade mark — and what can happen if you don’t have one. (Spoiler: a registration is an asset to your business and helps stop copycats!)
But if you can’t wait for that, click the “Contact us” button below⬇️and book a 30 minutes consultation with me and take the first step to protecting your brand.
Speak soon!
Gemma :)