1. What Does It Mean to Trade Mark a Name?
To trade mark a name means securing exclusive legal rights to use that name for your products or services. A registered trade mark protects your brand from being copied or misused by competitors and helps build trust with customers.
2. Why Trade Marking a Name Matters
Registering a trade mark provides:
- Exclusive rights to use the name in your business sector
- Legal protection against brand theft or misuse
- Stronger brand recognition and credibility
- An asset that can be sold, licensed, or franchised
Without registration, your brand has little legal protection.
3. What Can Be Trade Marked?
In the UK, you can trade mark:
- Business names
- Product names
- Logos and slogans
- Sounds, colors, and even shapes (if distinctive)
However, the name must be unique and not too descriptive (e.g., “Fresh Bread” for a bakery may be rejected).
4. Eligibility to Trade Mark a Name
Anyone can apply to register a trade mark:
- Individuals
- Sole traders
- Partnerships
- Limited companies
The name must not be identical or too similar to an existing trade mark in your industry.
5. Steps to Trade Mark a Name in the UK
- Search the Trade Mark Register – Check the UK Intellectual Property Office (UKIPO) database to ensure your name isn’t already registered.
- Choose the Correct Class – Trade marks are grouped into 45 classes covering different industries (e.g., Class 25 for clothing).
- Apply Online via UKIPO – Submit your trade mark application online.
- Pay the Fees – Standard fees start at £170 for one class and £50 for each additional class.
- Examination & Publication – UKIPO examines your application. If accepted, it is published for 2 months to allow objections.
- Approval & Registration – If no objections are raised, your trade mark is registered, usually within 3–4 months.
6. How Long Does a Trade Mark Last?
A UK trade mark lasts for 10 years and can be renewed indefinitely in 10-year periods, provided renewal fees are paid.
7. Costs of Trade Marking a Name
- Standard application: £170 for one class
- Extra classes: £50 each
- Renewal: £200 for the first class and £50 for additional classes
Professional legal help may add extra costs but can prevent mistakes.
8. Enforcing Your Trade Mark Rights
If someone uses your registered trade mark without permission, you can:
- Send a cease-and-desist letter
- Take legal action for infringement
- Seek damages or profits earned from misuse
Registration makes enforcement far easier compared to relying on unregistered rights.
Frequently Asked Questions
1. Can I trade mark a name for free?
No, registering a trade mark requires a fee. However, you can check name availability for free on the UKIPO website.
2. Do I need a lawyer to trade mark a name?
Not necessarily. Many businesses apply directly, though legal advice can help if your case is complex.
3. Can two businesses have the same trade mark?
Yes, if they operate in different industries or trade mark classes.
4. How long does it take to trade mark a name in the UK?
On average, 3–4 months, assuming no objections.
5. Is my trade mark valid worldwide?
No, a UK trade mark only covers the UK. For international protection, you must apply separately in other countries or through the Madrid Protocol.
6. What happens if my trade mark application is rejected?
You can appeal, modify your application, or choose a different name.
Conclusion
To trade mark a name in the UK is one of the best ways to secure your business identity, protect against competitors, and strengthen your brand. With affordable fees, straightforward steps, and long-term protection, registering your trade mark is a smart investment for any serious business.