A trade mark is any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. A trade mark may, in particular, consist of words (including personal names), designs, letters, numerals or the shape of goods or their packaging: Trade Marks Act 1994. Additionally, trade marks can be granted for smells and colours.

Copyright is defined, rather tautologically, as “a property right” under the Copyright designs and Patents Act 1988, this property right subsists in particular works (provided that these works conform to the requirement of originality), these works include:

literary;

dramatic;

musical;

artistic; and

film works.

There is no system of registration for copyright, copyright subsist instantly, provided that the work conforms with originality. If you are seeking to protect your company name then you will need to register your company name as a trade mark.