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Choosing a brand name you can protect in the US, Canada, the UK and the EU

Trademark rights are national or regional, not global. A naming workflow and question list for choosing a name in the US, Canada, the UK and the EU.

ESTASOFT
12 min read
Rose red cover with a white circle containing the letters TM, with the title A brand name you can protect
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      You have a name you like. Then a letter arrives from a company that says the name is theirs. Changing a name after launch is far more work than checking it before. This article gives you a naming workflow for the United States, Canada, the United Kingdom and the European Union, with a question list for an adviser.

      The four places run four separate systems. A registration in one does not automatically cover the others. Everything below comes from the offices' own pages, read on 5 November 2026. Fees and rules change, so use each page as a starting point. The Canadian guide used here shows a 2022 modified date, so check it against CIPO's current pages. Rules also differ by US state and by EU country. Where an official page did not confirm a point, it is turned into a question for your adviser.

      What a trademark does, and what it does not

      • It points to who sells the goods or services. The USPTO says a trademark can be a word, a phrase, a symbol, a design or a mix of these. It also says you do not get rights to a word in general, only to how you use it with your own goods or services.
      • It is not your company name. CIPO says trade names are not in its trademark records and must be searched separately. The USPTO toolkit tells applicants to search state trademark databases, the internet and other sources as well as its own database. Whether owning a domain or a company name gives you any trademark rights is a question for an adviser.
      • It is tied to what you sell. The UK IPO says your mark is protected only in the classes and terms you pick. CIPO says goods and services are grouped by the Nice classification and cannot be widened after filing. The USPTO charges per class.
      • Nobody guards it for you. The USPTO says it is not an enforcement agency, so the owner has to pursue anyone who copies the mark.

      Four systems side by side

      • United States. Registration is optional. The USPTO says rights from simply using a mark are limited to the area where you trade. A federal registration gives rights across the United States and its territories. A state registration gives rights only in that state, and not every state keeps a trademark database. You can file because you already use the mark, or because you intend to. An intent-to-use application does not register until you show use, and the USPTO page lists the deadlines. The USPTO says applicants whose domicile is outside the US must be represented by a US-licensed attorney, a rule in effect since 3 August 2019 (its page was updated 16 July 2025).
      • Canada. Registration is optional here too. CIPO says use can build common-law rights, but a dispute over an unregistered mark can become a long and expensive fight. A registration gives the sole right to use the mark across Canada for 10 years, renewable. Applications are examined, then published so that others can oppose within two months. CIPO says a registration protects your rights in Canada only.
      • United Kingdom. GOV.UK says a UK registration protects your brand in the UK and the Isle of Man only, and that Guernsey and Jersey have their own processes. It lasts 10 years and is then renewed. The IPO publishes the application so others can oppose it, and the page says grant usually takes around 3 to 4 months when there are no problems.
      • European Union. One application to the EUIPO covers the whole EU. The office calls it an "all-or-nothing deal". If a problem arises in only part of the EU, you can convert the application into national ones for the other countries and keep the original priority date. A national registration covers only that Member State. An EU trade mark lasts 10 years and can be renewed.

      The UK and the EU are now separate. GOV.UK says EU trade marks have not been protected in the UK since 1 January 2021, and that the IPO created comparable UK rights for EU marks registered before that date. If your plan was one EU filing for Europe, you need a separate UK step.

      Madrid: one application, many offices

      WIPO's Madrid System lets you ask for protection in several places with one international application. It is a route, not a worldwide trademark. The USPTO notes that there is no worldwide trademark. WIPO and the offices say this about it:

      • You first need a trademark application or registration with your home office. The EUIPO page says you must obtain national or regional protection first.
      • The international list of goods and services is based on that home mark. You can narrow it but not broaden it.
      • Each country you name examines the mark under its own law and can refuse it. A refusal in one place does not affect the others. WIPO's FAQ gives offices generally 12 months to object, with 18 months or longer in some cases.
      • Registration lasts 10 years and can be renewed. You pay one set of fees in Swiss francs.

      WIPO's members page states 117 members covering 133 countries and shows no update date. The page text I read does not name the EU, the US or Canada, so confirm each place on WIPO's member list before you plan a Madrid route. Ask your adviser what happens to the international registration if the home mark is challenged.

      A naming workflow you can follow

      1. Decide who will own the mark. Name the company that will be the applicant before anyone files. CIPO lists the applicant's name and address as part of a complete application.
      2. Write down where you sell, now and in two to three years. This sets which of the four registers matter first.
      3. Shortlist three to five names, not one. A name that fails a search should not leave you with nothing.
      4. Run a quick web, marketplace and app store search. Marks in use but not registered can still cause conflict. The USPTO says its own database shows only federal filings.
      5. Search the registers. Look for marks that are similar, not only identical, for related goods or services. Use the USPTO Trademark Search system plus state databases, CIPO's Canadian Trademarks Database, the UK IPO's trade mark search, and the EUIPO's eSearch plus and TMview. In Canada, try French spellings. The USPTO toolkit warns that a conflict found later can mean refusal with no refund of the fee.
      6. Check domain and social handles. Our domains, DNS and hosting guide covers domain basics.
      7. Check the name in the languages of your markets. Ask native speakers in each market what the name sounds like and whether it means something unwelcome.
      8. Ask for a clearance opinion. The UK IPO says that if you already know of an identical or similar mark, you should get advice before applying, and it lists free advice from the IPO, an IP clinic and the British Library Business and IP Centre in London. CIPO suggests a registered trademark agent.
      9. Choose the classes. The UK IPO suggests picking only terms that fit your plans for the next 5 years. Ask whether the cost of a wider list is worth it.
      10. Design the logo last. Plan your brand design work after the name is cleared. A logo built on a name that later fails is wasted work.

      Fees the offices show

      Read on 5 November 2026. Adviser fees are extra.

      • USPTO: a base application fee of $350 per class, per its trademark fee information page, updated 18 January 2025 (the date its fee rule took effect). The USPTO says more fees may be owed during filing and examination, so check its fee page before you budget.
      • CIPO: its fee page, modified 31 July 2026, lists CAD 491.06 for the first class filed online in 2026 and CAD 149.04 for each extra class. The page also lists slightly higher amounts from 1 January 2027 and says the fee depends on the date CIPO receives payment.
      • UK IPO: an online application is £205, per the fees page revised April 2026 (page updated 23 July 2026). The before-you-apply page describes a Right Start application, where the IPO checks for similar marks before you pay the full fee, and gives £125 for it. That figure does not appear on the fees page, so ask the IPO to confirm it.
      • EUIPO: a basic online fee of €850 covers one class. The second class is €50 and each class from the third is €150. The page carries no fee date, so check it before you budget.

      Logo, wordmark and who owns the artwork

      A trademark can be a word, a design or a mix of both, so the name, the logo or both could be the subject of a filing. They are different choices that may give different coverage. Ask your adviser whether to file them together or separately, especially if you expect to redesign the logo within a few years.

      When an agency or freelancer designs the logo, put ownership in the contract before work starts. Our article on who owns the code in a software project makes the same point for software, and the same habit applies to a logo. Ask these:

      • Will you transfer ownership of the artwork and the right to use it as a mark to my company, in writing?
      • When does the transfer happen, on delivery or on payment?
      • Are any fonts, images or icons licensed rather than owned, and what limits come with them?
      • Will you reuse any part of the design for another client?

      Questions to ask an adviser

      • Is my name too close to anything on the US, Canadian, UK or EU registers, or to a mark in use that is not registered?
      • Should I file in one place first or in several at once, and in what order?
      • Is there a time window after my first filing in which later filings can rely on its date?
      • Do I need a local attorney or agent in each place, and who deals with the office letters?
      • Do any US states or EU countries I sell into have extra rules or registers that matter?
      • What are the renewal dates and who tracks them? GOV.UK also warns about misleading invoices for trade mark services, so check any bill against your own records before paying.

      This is general information, not legal or tax advice. Check the current rules or ask a qualified adviser before you decide.

      Once the name is cleared, ESTASOFT can help with brand design, and it has an office in London. Send a short brief on the contact page. If your identity will run in two languages, our bilingual brand identity article covers the design side.

      Sources

      Written by
      ESTASOFT

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