What Is Trademark Registration?
Trademark registration gives your business the exclusive right to use a name, logo, or slogan for specified goods or services in the UK — and makes it much easier to stop others copying you.
Key Takeaways
- A registered UK trade mark gives you exclusive rights to use your mark for the goods and services in your chosen class(es).
- Registration costs from £170 for one class online at the UK Intellectual Property Office.
- You should search the trade mark register before launching a new brand name.
- An unregistered trade mark can attract some protection under passing off, but it is much harder to enforce.
What trade mark registration does
Registering a trade mark with the UK Intellectual Property Office (IPO) gives your business the exclusive right to use the registered mark — a name, logo, slogan, or combination — for the specific goods and services you have registered it for. Registration creates a presumption of ownership and significantly simplifies enforcement: if someone infringes your registered mark, you can bring a trade mark infringement claim without having to prove reputation or consumer confusion in the way you would for an unregistered mark. Registered trade marks also appear on the official trade marks register, which acts as public notice and deters others from adopting confusingly similar marks. Registration lasts ten years and can be renewed indefinitely.
How to apply for a UK trade mark
The UK IPO offers an online application process at gov.uk. Before applying, you must decide: what mark you want to register (wordmark, logo, or combined); which Nice classification class(es) cover your goods and services (there are 45 classes); and whether the mark is distinctive enough to be registered. Marks that are purely descriptive (e.g. 'Fast Delivery' for a courier) or that are generic terms cannot be registered. The application fee is £170 for one class online, with £50 for each additional class. The IPO examines the application, publishes it for opposition by third parties, and (if unopposed) registers the mark — the process typically takes four to six months. UK registration covers Great Britain; separate registrations are needed for Northern Ireland via the IPO and for other countries.
Searching before you apply (and before you launch)
The most expensive trade mark mistake is launching a brand without checking whether the name or logo conflicts with an existing registration. Infringing another business's registered trade mark can result in an injunction forcing you to rebrand — potentially after significant investment in marketing and brand-building. Before committing to any business name, product name, or logo, search the UK trade marks register (freely available at trademarks.ipo.gov.uk), search at Companies House (which shows registered company names), and do a basic Google search. If a direct conflict exists, you must choose a different mark. If the results are unclear, a trade mark attorney can advise on the risk level for a fixed fee.
Unregistered trade marks and passing off
If you have been trading under a name or using a logo without registering it, you may still have some legal protection under the common law tort of passing off. To succeed in a passing off claim you must prove: you have goodwill and reputation in the mark, the defendant has made a misrepresentation likely to deceive the public, and you have suffered (or are likely to suffer) damage as a result. This is significantly harder and more expensive to prove than a trade mark infringement claim. Unregistered marks also do not give you an entry on the trade marks register, meaning competitors may not even be aware of your claim when they search the register. Registering as soon as possible is strongly advisable for any brand you intend to build.