1. What Is a Trade Mark?
A trade mark is a legal protection for your brand identity, such as a business name, logo, slogan, or even specific designs. Registering a trade mark gives you the exclusive right to use it and prevent others from copying it.
2. Why Register a Trade Mark?
- Protects your brand identity from competitors
- Builds trust with customers
- Increases business value and credibility
- Provides exclusive rights to use the trade mark
- Enables legal action against infringement
3. What Can Be Trade Marked?
You can register:
- Business names
- Logos and symbols
- Slogans or taglines
- Product packaging and designs
- Sounds (e.g., jingles)
- Colours (if distinctive)
You cannot register:
- Offensive or misleading terms
- Generic or descriptive words (like “best plumber”)
- Flags, coats of arms, or official symbols
4. How to Register a Trade Mark in the UK
Step 1: Search Existing Trade Marks
Use the UK Intellectual Property Office (IPO) database to check if your trade mark is already in use.
Step 2: Choose the Right Trade Mark Class
There are 45 trade mark classes that group goods and services. Select the one(s) relevant to your business.
Step 3: Apply with the UK Intellectual Property Office
- Apply online at the IPO website.
- Provide details of your trade mark, class, and business.
- Pay the application fee.
Step 4: IPO Examination
The IPO checks if your trade mark meets requirements and is not too similar to existing marks.
Step 5: Publication and Opposition Period
Your trade mark is published in the Trade Marks Journal for 2 months. Others can oppose it if they believe it infringes on their rights.
Step 6: Registration
If no opposition is filed (or it is resolved), your trade mark is registered and protected for 10 years, renewable indefinitely.
5. Costs of Registering a Trade Mark
- Online application: £170 for one class
- Additional classes: £50 each
- Renewals: £200 per class every 10 years
6. How Long Does It Take?
On average, registering a trade mark in the UK takes around 4 months, assuming no objections or opposition.
7. Advantages of Registering a Trade Mark
- Exclusive rights to your brand identity
- Prevents competitors from using similar branding
- Adds value to your business for investors or buyers
- Provides legal protection in case of disputes
- Renewable indefinitely, offering long-term security
8. Disadvantages of Registering a Trade Mark
- Application costs and renewal fees
- Not guaranteed approval if too similar to existing marks
- Only protects within the UK (international registration requires separate applications)
- Legal enforcement costs if disputes arise
Frequently Asked Questions
1. How long does a UK trade mark last?
10 years, with unlimited renewals.
2. Do I need a solicitor to register a trade mark?
No, but legal advice can help if your trade mark is complex.
3. Can I trade mark my business name?
Yes, if it is distinctive and not too generic.
4. Can I use the ™ symbol without registration?
Yes, but only the ® symbol is legally recognised for registered marks.
5. What if someone copies my trade mark?
You can take legal action and claim damages.
6. Can I register a trade mark internationally?
Yes, through the Madrid Protocol or by applying directly in each country.
Conclusion
Knowing how to register a trade mark is essential for protecting your business identity. From checking existing marks to filing with the UK IPO, the process is straightforward but requires careful planning. Once registered, your trade mark gives you strong legal rights and helps secure your brand for long-term success.