The Makaton Charity

While the Tutor licence does allow a Tutor to use the word Makaton alongside “Tutor” or “Training” within their business name (as outlined in clauses 16.5.9 and 17.2.1 of the license agreement), this permission relates to how the name can be used operationally while you hold a licence. 

To clarify, it does not extend to registering or owning the name as a Trademark.

Makaton is a registered Trademark and forms part of The Makaton Charity’s intellectual property. Because of this, the name Makaton, in any capacity, cannot be registered, owned, or protected as a Trademark by an individual or business outside of The Charity.

We have the following guidance for protecting your brand that doesn't include a Trademark which I hope is helpful:

Because Makaton is licensed, the safest approach is always Brand first → licence second

1. Protect the distinctive part of the brand:

This separates the brand identity from the licensed role.

2. Even without a Trademark, copyright automatically protects original content such as your website and marketing materials.

3. Owning key domains helps protect a brand online i.e. YourBrandName.com YourBrandName.co.uk 

4. Claiming consistent social media handles protects the brand's presence

5. Build reputation and goodwill as UK law recognises “passing off” protection. This is harder than a trademark but still a recognised legal protection, but you may come into conflict as all Tutors are licenced to deliver the same services. 

6. Register with Companies House as a Ltd business. It creates a formal business identity and stops others from copying your name. There are costs associated with this.