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Brand & Trademark Protection UK: A Practical Guide

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Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Building a recognisable brand takes years of effort, and losing control of it can happen in a matter of weeks. If you run a business in the UK, your logo, product name, slogan or packaging design may already be valuable intellectual property, whether or not you have taken formal steps to protect it. Trademark registration is one of the most effective ways to defend that value and stop competitors riding on your reputation. This guide walks through what brands and trademarks actually are under UK law, how the registration process works, what the familiar symbols really mean, and the practical options open to you if someone starts using a mark that looks too close to yours. It is written for business owners, founders, marketing leads and anyone who needs a plain-English overview before making decisions about protecting their brand.

Overview

Intellectual property is a catch-all term for the original outputs of human thought and creativity that the law treats as a form of property. In the UK, different types of IP are protected by different legal regimes: patents cover inventions, copyright protects creative works such as writing, music and software, registered designs cover the look of products, and trademarks protect the signs that identify goods or services in the marketplace.

A brand is the commercial identity a business presents to its customers. It typically combines several IP elements, for example a company name, a logo, a distinctive colour palette, a tagline, packaging shapes and sometimes sounds or jingles. A trademark is the legal wrapper around any of these identifying signs once you take steps to claim or register ownership.

Registering a trademark with the UK Intellectual Property Office gives you an enforceable, time-limited monopoly on the use of that sign for the goods or services you have registered it against.

Key steps

  1. Audit what your brand actually includes. Before filing anything, list every element that signals your business to customers. This usually covers the company or product name, logos, straplines, distinctive packaging, domain names and any signature visual elements. Understanding the full picture helps you decide what is worth registering and what is already protected by other forms of IP.
  2. Search existing registered trademarks. Run a search on the UK Intellectual Property Office register and, where relevant, the international WIPO database to check whether someone has already registered something identical or confusingly similar. This reduces the risk of your application being opposed and highlights potential conflicts before you invest in applying.
  3. Pick the correct classes. UK trademarks are registered against specific classes of goods and services under the Nice Classification system. You need to choose every class that reflects how your business operates now and how you realistically plan to expand. Applying in too few classes leaves gaps; applying in too many increases cost without adding useful protection.
  4. File your application with the UK-IPO. Applications are submitted online through the UK-IPO. Once filed, an examiner will review it, and if accepted it is published for a set opposition period during which third parties can object. The full process commonly takes several months from filing to registration where there are no objections.
  5. Use, monitor and enforce your mark. Registration is only the start. Use the correct symbols on your mark, keep records of how and where it is used, watch the market for lookalikes, and act quickly if you spot infringement. Rights can weaken if a mark is not used or if copycats are tolerated for too long.

Common questions

If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £149.

Common questions

Q What is the difference between TM and the R symbol?
The TM symbol is used to signal that you are claiming a sign as your trademark, but it does not require registration and carries less legal weight. The R in a circle symbol can only lawfully be used once your mark has been formally registered with the UK Intellectual Property Office for the relevant goods or services. Using the R symbol on an unregistered mark is a criminal offence in the UK.
Q Do I need to register my brand to have any rights in it?
Not strictly. UK law also recognises unregistered rights through the common law action of passing off, which can protect goodwill built up in a name or get-up. However, passing off is harder, slower and more expensive to prove than trademark infringement. A registered trademark gives you a clear, public record of your rights and makes enforcement far more straightforward.
Q How long does a UK trademark last?
A UK registered trademark lasts for ten years from the date of registration and can be renewed indefinitely in further ten-year periods, provided renewal fees are paid on time. There is no limit on how many times you can renew. If you miss a renewal, there is a short grace period, after which the mark lapses and someone else could potentially register it.
Q Will a UK trademark protect me abroad?
No. A UK registration only covers the United Kingdom. If you sell or plan to sell in other countries, you should consider separate national filings or use WIPO's Madrid System, which allows a single application to be extended to multiple member countries. Since Brexit, EU protection is no longer automatic for UK filings, so EU trade is usually covered by a separate EU trademark.
Q What can I do if someone copies my brand?
Options typically start with a cease and desist letter setting out your rights and demanding the other party stop. If that is ignored, you may be able to bring a claim for trademark infringement or passing off through the courts, or use takedown procedures on platforms like Amazon, eBay and social media. The right path depends on the scale of the problem and whether your mark is registered.
Q Can I trademark a common word or surname?
Possibly, but it is harder. The UK-IPO will refuse marks that are descriptive of the goods, non-distinctive, or likely to mislead consumers. Common surnames and everyday words can sometimes be registered if they have acquired distinctiveness through use, or if they are used in an unexpected context. Invented or unusual words tend to be much easier to register and to defend.
Q How much does UK trademark registration cost?
The UK-IPO charges an application fee that varies depending on how many classes of goods and services you cover and whether you use the standard or examined-first service. Fees change periodically, so check gov.uk for the current amount. Beyond the official fees, you may also incur professional costs if you use a trademark attorney to prepare or defend your application.
If you're dealing with this kind of situation, a call with an experienced legal adviser can help you work out the right next step — from £149.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.