A guide to trade marks and the benefits of registration

Helene Whelbourn and Alastair Rawlence of intellectual property specialist NOVAGRAAF provide this guide to trade marks and the benefits of registering them

A company’s trade marks are often some of its most valuable assets so it is important that they be protected. Trade mark registration is the key process to secure your rights, which we cover here, and getting this right will undoubtedly benefit your brand and any related IP in the long-term.

• A trade mark is a ‘badge of origin’ by which the public can distinguish the products and services of one business from those of another.
• Search the trade mark database to find if there is already something the same, or similar, to yours.
• For a trade mark to be registrable, it must be distinctive and not conflict with any other mark. As a general rule, marks will not be distinctive if they are descriptive of the goods or services in question, are common in that particular trade or denote some quality of the goods or services.
• The minimum fee you will pay for a UK trade mark is £205 – that’s for a single trade mark in one class.
• Go to the government’s Start your application page to begin the process.

What is a trade mark?

A trade mark is a ‘badge of origin’ by which the public can distinguish the products and services of one business from those of another. It can be a word (including a personal name), letters, numerals, a logo or graphic, a slogan, or any combination of these features. It can also consist of a three-dimensional shape or a sound.

Here are some other definitions you need to know.

Intellectual property (IP): Intellectual property covers ‘creations of the mind’, protecting them through copyright, trade marks and patents.

Copyright: This is an IP right that protects tangible works and conveys exclusive rights to the owner of said works.

Infringement: When somebody uses somebody else’s IP without their permission.

Fair dealing: A principle that allows someone to limited use to IP without the owner’s permission. This could be for a review, for criticism or for education.

Licensing: When the IP owner gives permission for someone to use their work in exchange for money or other consideration.

Cease and desist: A legal letter that informs the recipient to stop infringing IP, with a view to no further legal action.

What do I need to do before I apply for a trade mark?

Before you decide to apply to register your trade mark, it is recommended that a search be carried out in order to determine whether the mark you desire is already registered. Searching allows you to determine if there is a previous registration that might be used to bring an infringement action against you, stopping you using your own mark and leading to damages.

Search the trade mark database to find if there is already something the same, or similar, to yours. The Right Start service can check this for you before you commit to the full fee.

Searching allows you to determine if there is a previous registration that might be used to bring an infringement action against you, stopping you using your own mark and leading to damages.

“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,” said Conrad Fahrenkrug, a senior Lawyer at iGERENT. A professional UK trademark search with lawyer-reviewed analysis costs £80.

In the event that you do find a trade mark that is similar to yours, seek professional advice to learn your options. Speak to the Intellectual Property Office, an intellectual property clinic, the British Library Business and IP Centre in London, or a specialist trade mark attorney.  

Why register a trade mark?

You are not required to register your trade mark, but it is highly recommended. A trade mark entered on the Trade Marks Register can be protected and there are numerous other benefits:

• Registration of a trade mark gives you the exclusive right to use the mark or authorise someone else to use it, for the goods or services for which it is registered.
• It enables you to take infringement action against anyone else who uses the trade mark for the same or similar goods/ services for which your trade mark is registered.
• It enables Trading Standards Officers (or the Police) to bring criminal charges against counterfeiters.
• If you don’t register your trade mark, and someone starts using the same or a similar mark, you have to rely on the Common Law action of ‘Passing Off’. ‘Passing off’ can be an extremely expensive process, as it requires large amounts of evidence that you have used the trade mark sufficiently to claim ownership, and then further evidence that customers were under the impression that they were buying your goods, rather than the infringer’s goods.
• Registration gives you protection throughout the UK, even if you do not have a trading presence everywhere. Unregistered marks, which have to rely on the Common Law protection of “Passing Off”, are more likely to have rights limited to a confined geographical area.
• Registration of your trade mark is legal title to Intellectual Property in much the same way as a deed is a title to a piece of real estate. This means that you can sell it, or licence it.

To realise the benefit of a registered trade mark, it is important to ensure that the right trade mark is protected for the right goods / services.

See also: Does registering my company name give me trade mark protection?

Trade mark limitations

For a trade mark to be registrable, it must be distinctive and not conflict with any other mark. As a general rule, marks will not be distinctive if they are descriptive of the goods or services in question, are common in that particular trade or denote some quality of the goods or services.

Other barriers to registration include:

• It cannot be ‘offensive’ – e.g. a name could not contain swear words
• It cannot be ‘misleading’ – e.g. using the word ‘organic’ for goods that are not organic
• It cannot use official emblems – e.g. flags, coats of arms, hallmarks etc.

Classes

A trade mark is registered in relation to specific goods and services. These must be listed in the application and, subject to cost considerations, should include all goods/services in relation to which the mark is used.

For administrative ease, goods/services fall into one of 45 categories (classes). When making the application, you must specify which classes you wish to include together with a description of the goods/ services that you need to protect your trade mark for. Costs of filing an application are usually worked out according to how many classes are covered. This means that adding more goods/services may offer more protection, but will also involve a higher cost. It is important to develop a strategy that will allow you the widest possible cover at a cost you can afford.

You can search for UK trade mark classes by word or phrase here.

Duration

As a general rule, a trade mark registration will last for ten years. It is renewable every ten years indefinitely, upon payment of a renewal fee.

Costs

The minimum fee you will pay for a UK trade mark is £205 – that’s for a single trade mark in one class. Adding a class is £60. A UK-registered design will cost £50 for one design and £70 for up to 10. (Prices as of September 2026)

A Right Start application costs £125 plus £30 for each additional class to ensure your application satisfies the registration rules. You will receive a report which will tell you whether or not you’ve met the rules.   

You’ll need to pay another £125 plus £30 for each additional class to either continue your application (should it meet the rules) or challenge/discuss or discuss the decision (if it doesn’t meet the rules).

There are 28 days to decide what you want to do.

If you can’t fill in your form online, you’ll have to do it by post. This will cost £250 for one class and £60 for each additional class.

How to register a trade mark

1. Go to the government’s Start your application page. Have your item that you want to register at hand, plus you or your company’s details. Finally, establish the class(es) you want for your trade mark. If you have a collection of similar trade marked items (the same logo in different colours, for example), then you can do a series application for up to six items. It’s cheaper to trade mark them this way. Just know that your application will be published on GOV.UK as soon as you have applied. That means someone else can use details from it, such as your website domain name.  
2. An application is examined by the Intellectual Property Office for suitability and you’ll receive a report within two or three weeks. The report will highlight any issues, also known as ‘objections’, preventing you from registering your trade mark. You’ll have two months to resolve them. The IPO will also look at existing trade marks and if it finds one that’s similar to yours, it will contact both you and the holder of the other trade mark.
3. However, in the event that somebody does oppose your trademark, you will not be able to register it in the relevant class until you have resolved the issue. That doesn’t necessarily mean having to withdraw. You can speak to the opposing party or take legal action.
4. If everything goes smoothly, your application will be published in the trade marks journal for two months, giving anyone a chance to oppose your application within this timeframe. 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.

Important trade mark resources

1. UK Intellectual Property Office (UKIPO)
The primary source for UK trademark registration. Offers trademark search tools, application forms, information on costs, timeframes, and dispute resolution.
Official website: https://www.gov.uk/government/organisations/intellectual-property-office

2. UK Trade mark Search Tool
Before applying, check if your desired trademark is available. You can use the UKIPO trademark search tool here

3. Chartered Institute of Trade Mark Attorneys (CITMA)
If you need professional legal advice, CITMA provides a directory of registered trademark attorneys.
Official website: https://www.citma.org.uk/

4. European Union Intellectual Property Office (EUIPO)
If you need EU-wide protection, you’ll need to apply through EUIPO.
Official website: https://euipo.europa.eu/

5. World Intellectual Property Organization (WIPO)
If you want to expand your trademark internationally, WIPO provides guidance on the Madrid System for international trademarks.
Official website: https://www.wipo.int/en/web/madrid-system/

Should I get a trade mark? – video

Helene Whelbourn and Alastair Rawlence are intellectual property specialists at NOVAGRAAF.