Protecting a company’s brand often means securing its most valuable asset: the trade mark. Unlike physical property, a trade mark is an idea, a name, or a symbol that identifies the source of goods and services. Registration provides the legal framework to enforce ownership and prevents others from using confusingly similar marks, which can dilute a brand’s reputation and confuse consumers.
Defining the trade mark
A trade mark acts as a “badge of origin,” allowing the public to distinguish one business’s offerings from another. This can be a word, a logo, a slogan, or a combination of these elements. It can even consist of a three-dimensional shape or a sound. The rights are not automatic; they must be established through a specific process and are subject to strict criteria.
Before filing an application, a search is essential. The government’s Right Start service allows applicants to check for prior registrations for a fee of £80, which is significantly cheaper than the potential cost of defending a rejected application. Conrad Fahrenkrug, a senior lawyer at iGERENT, noted that if the application is later challenged, the first stage of defending it can cost around £1,560, with evidence or written submissions adding around £1,190 per stage and a final hearing potentially reaching nearly £8,850. A professional UK trademark search with lawyer-reviewed analysis costs £80 and can help identify conflicts before full application.
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Once a mark is registered, it grants the owner the exclusive right to use it or authorize others to do so for the specific goods and services listed. It also enables authorities to take criminal action against counterfeiters. Without registration, a business must rely on the Common Law action of “Passing Off,” a process that requires extensive evidence and is often more costly and limited in scope. Registered trade marks provide legal title to intellectual property, similar to a deed for real estate, allowing owners to sell or license the mark.
Trade marks are registered in one of 45 categories, or classes, covering various goods and services. A single class costs a minimum of £205, while adding more classes increases the fee. This filing system allows a business to build a strategy that offers the widest possible protection within a manageable budget. A UK-registered design will cost £50 for one design and £70 for up to 10, offering additional protection for product designs.
The registration process
The application is submitted online or by post and is examined by the Intellectual Property Office. If issues arise, the applicant has two months to respond. If no objections are found, the mark is published for two months to allow others to oppose it.
You’ll need to pay another £125 plus £30 for each additional class to either continue your application or challenge the decision if it doesn’t meet the rules, with 28 days to decide what to do. If you can’t fill in your form online, you’ll have to do it by post, which will cost £250 for one class and £60 for each additional class.
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Your trade mark will be registered around 10 weeks after it’s been published and you will receive a certificate. If you find that your intellectual property is infringed, read over our guide on What to do when your intellectual property (IP) is stolen. You can use the UKIPO trademark search tool to check for existing marks before applying.
Duration and renewal
A trade mark registration grants protection for a specific period. The standard term is ten years. This period starts from the date of application. After the initial term ends, the owner must renew the registration to maintain rights. The renewal process occurs every ten years indefinitely. This allows a brand to keep its legal protection as long as the owner continues to pay the required fee.
Enforcement and enforcement options
Legal action can lead to further steps. The owner may seek an injunction. An injunction is a court order that stops the infringer from continuing the activity. The owner can also claim damages. These are financial compensation for any harm caused by the infringement. In some cases, criminal charges can be brought against counterfeiters by Trading Standards Officers or the Police. If you need professional legal advice, the Chartered Institute of Trade Mark Attorneys (CITMA) provides a directory of registered trademark attorneys.