Ask Jo Malone: What’s in a name? A real minefield, so watch out

Dear Jo

I have set up a limited company in our new business name for my online t-shirt venture. Is that enough or do I now need to register this name separately? How important is this if I need to make any name or brand alterations further down the line?

You won’t believe it but for my 16th birthday present, my dad gave me £100 which I spent buying a bulk lot of plain t-shirts at a trading estate in Olympia.

I then printed them with my own designs and sold them on to friends, making a profit of £250. As you can imagine, I was over the moon and from that moment on, I was well and truly bitten by the business bug. I often wonder if I might have developed that business further if the internet had been around then.

When starting any business, I would advise that you deal head-on with the legal implications of trading and registering and ensure that you secure solid expertise in this area because it can be an absolute minefield.

After setting up two businesses, I’ve learned that you should allocate funds for rebranding and registering in your start-up budget. Lay the foundations early on for, as tempting as it is to review a year or two down the line, the costs are more when you have an established business and will inevitably cause more of a headache.

At the same time, your business starts to grow and evolve, your choices within the company will also change. At Jo Loves, I’ve just rebranded, moving away from my original red packaging to new white boxes embossed with a Union Jack. While it looks absolutely stunning everything had to be registered as new images, which took a considerable amount of time and money. Just remember that, while great business advice can be costly, it pays to be shrewd at the beginning of your journey, leaving you to enjoy the ride.

D Young & Co partner Jeremy Pennant says: “People often think if they have registered a company name or even a domain name, it will give them the right to use that name.

“Unfortunately, that is not the case. Before trading under a new name, it is important to check that no one else has registered the same name. If they have, they may be able to stop you. This could happen after you have started to use the name.

“Carry out the necessary research and checks at the beginning of setting up your business. Basic checks can be undertaken on the Intellectual Property Office website but professional advice can be obtained from a trademark attorney.”