1. Introduction to Trade Marks
A strong brand name sets your business apart. To protect it legally, you need to register it as a trade mark. Knowing how to trade mark a name ensures no one else can use it without your permission.
2. What is a Trade Mark?
A trade mark is a legally registered sign that identifies your brand. It can include:
- Business names
- Logos
- Slogans
- Product names
- Even specific colours, sounds, or shapes (in some cases)
3. Why Trade Mark a Name?
- Gives you exclusive rights to use the name
- Prevents competitors from copying or using it
- Increases brand credibility and value
- Allows you to take legal action against infringement
- Helps protect your brand internationally
4. Who Can Apply for a Trade Mark?
- Individuals
- Sole traders
- Partnerships
- Limited companies
Anyone who owns a business name and wants to protect it can apply.
5. What Can’t Be Trade Marked?
You cannot trade mark a name that is:
- Offensive or misleading
- Too generic (e.g., “Coffee Shop”)
- Describes the product/service (e.g., “Tasty Pies”)
- Too similar to an existing trade mark
6. How to Trade Mark a Name (Step by Step)
- Check availability
- Search the UK Intellectual Property Office (IPO) trade mark database.
- Make sure the name isn’t too similar to an existing trade mark.
- Choose the right class
- Trade marks are registered in classes (e.g., food, clothing, technology).
- Select all classes relevant to your business.
- Prepare your application
- Provide your name and address
- State the trade mark (business name, logo, or both)
- Specify goods/services classes
- Submit your application
- Apply online via the IPO website.
- Pay the fee (£170 for one class, plus £50 for each additional class).
- Examination process
- The IPO checks your application.
- If accepted, it is published for 2 months to allow objections.
- Approval
- If no objections are raised, your trade mark is officially registered.
- You’ll receive a certificate and protection lasts 10 years (renewable).
7. Costs of Registering a Trade Mark
- £170 for one class (online application)
- £50 for each additional class
- Renewal fee after 10 years
8. Trade Mark Protection Outside the UK
- Use the EU Intellectual Property Office (EUIPO) for EU-wide protection.
- Apply via the World Intellectual Property Organization (WIPO) for international protection.
9. Common Mistakes to Avoid
- Choosing a name that’s too generic
- Not checking the IPO database before applying
- Forgetting to register in the correct classes
- Failing to renew after 10 years
10. Alternatives to Trade Mark Registration
- Company registration protects your business name but not the brand.
- Copyright covers creative work like logos but not business names.
- Only trade mark registration gives full brand protection.
Frequently Asked Questions
Q1: How long does it take to trade mark a name in the UK?
Usually 3–4 months if there are no objections.
Q2: Do I need a lawyer to register a trade mark?
No, you can apply yourself, but legal advice is helpful for complex cases.
Q3: Can two businesses have the same trade mark name?
Yes, if they operate in completely different industries or classes.
Q4: What happens if someone uses my trade mark without permission?
You can take legal action for infringement and claim damages.
Q5: Does registering a company name protect my brand?
No. Only a trade mark gives you legal brand protection.
Q6: How long does a trade mark last?
10 years, with the option to renew indefinitely.
Conclusion
Learning how to trade mark a name is essential for protecting your brand. By checking availability, choosing the right class, and registering with the IPO, you secure exclusive rights to your name. With protection lasting 10 years and renewable, trade marking ensures your business identity is safeguarded against competitors.