Registering a Trade Mark in the UK: A Practical Guide | LegalDocuments.co.uk

At a glance

• Legal basis: The Trade Marks Act 1994 governs the registration, ownership, duration and enforcement of trade marks in the UK. The IPO administers the register.
• What can be registered: Any sign capable of distinguishing the goods or services of one business from those of another — including words, logos, shapes, colours, sounds and slogans.
• Classification: Applications must specify classes under the Nice Classification system. There are 45 classes in total: classes 1–34 cover goods, classes 35–45 cover services.
• Application fees (as at June 2026): Online standard — £205 for one class, £60 per additional class. Right Start service — £125 plus £30 per additional class (initial stage), then the same again to complete. Always check GOV.UK for current fees — the IPO increased fees on 1 April 2026.
• Process timeline: Filing → examination (absolute grounds) → publication in the Trade Marks Journal → two-month opposition window (extendable to three months) → registration certificate if no opposition, or opposition is resolved in the applicant's favour.
• Duration: 10 years from the filing date, renewable in further ten-year periods indefinitely under section 42 of the Trade Marks Act 1994.
• Revocation for non-use: A registration can be revoked if the mark is not put to genuine use in the UK for five continuous years following registration.
• Geographic scope: UK only. EU trade marks and Madrid Protocol international registrations are separate.

This page provides general information about how trade mark registration works in the UK. It is not legal advice. For guidance tailored to your specific circumstances, speak to a qualified trade mark adviser.

What is a trade mark and why register one?

A registered trade mark is a sign — typically a word, logo, shape, slogan, colour or combination of these — that the law recognises as belonging to one particular business in relation to specific goods or services. The legal framework is the Trade Marks Act 1994, which implements the UK's international obligations and gives registered proprietors a statutory property right.

Once a mark is registered at the UK IPO, the owner gains the exclusive right to use that sign in the UK for the categories it covers, and can take action against anyone who uses an identical or confusingly similar sign in the same commercial space.

Registration is materially different from simply using a brand:

• An unregistered name or logo can attract some protection through the common law action of passing off, but that requires the owner to prove goodwill, misrepresentation and damage — a substantial evidential burden that is simply not available to a new business still building a reputation.
• A registered mark is a property right recorded on a public register. It can be licensed, assigned, mortgaged or used as security. It acts as a visible deterrent, because competitors and advisers check the register before investing in a brand.
• Only the proprietor of a registered mark can use the ® symbol. Using ™ carries no legal weight.

A registration lasts ten years from the filing date and can be renewed indefinitely in further ten-year periods, provided the mark remains in genuine use.

Before you file: the clearance search

The single most important step before filing is a thorough clearance search. The IPO's UK trade mark search tool lets anyone search the register for identical and similar marks. The search should cover:

• Identical marks in the same classes as your intended application.
• Similar marks that could be confused with yours — phonetic, visual or conceptual similarity all count.
• Earlier rights outside the register: company names, domain registrations, unregistered rights that might found a passing off claim.

A clearance search does not guarantee a mark will be accepted or that it will be free from challenge, but it identifies obvious conflicts before you spend money filing. An earlier registered mark in the same or closely related classes is a relative ground for refusing or opposing registration under section 5 of the Trade Marks Act 1994.

Classification: the Nice system and why it matters

The IPO uses the Nice Classification, an internationally harmonised system administered by the World Intellectual Property Organisation (WIPO) and used by over 140 countries. It divides all goods and services into 45 classes: classes 1–34 for goods and classes 35–45 for services.

When you file an application, you must identify the classes you want to cover and provide a specification of goods or services within each class. The specification defines the exact scope of your protection — and therefore the scope of your registration's commercial value.

Common mistakes in classification:

• Overclaiming: Filing across every class that could conceivably apply, or using sweeping headings, invites challenge for non-use after five years and makes the application look like a bad-faith land-grab. The IPO will object to applications covering the entire class heading for class 9 (electrical and electronic apparatus), which is now treated as overly broad.
• Underclaiming: Filing in too few classes leaves gaps that competitors can exploit. A clothing business that only registers in class 25 (clothing) but not class 35 (retail services) or class 18 (bags and accessories) may find it harder to enforce against a competitor operating in adjacent categories.
• Word marks versus logo marks: These are separate registrations and protect different things. A word mark covers the words in any stylisation; a logo mark protects the specific visual design. Many businesses need both. If your logo changes, the logo registration may no longer be accurate.

The IPO provides a searchable classification tool to help identify the right terms.

How to apply: the two routes

Applications are submitted online at trademarks.ipo.gov.uk. Paper applications are available but cost significantly more (£250 for one class as at June 2026 — check GOV.UK for current fees). There are two online application routes.

Standard application

You pay the full fee upfront and your application enters examination immediately. As at June 2026, the online standard fee is £205 for one class, plus £60 for each additional class. Always verify the current fee on GOV.UK before budgeting — the IPO increased its fees on 1 April 2026, the first increase since 1998 for trade marks.

Key filing points:

• The mark itself and the applicant's name cannot be changed after filing. Check every detail before you submit.
• Your application is published on GOV.UK immediately after filing. This means third parties can see your brand name and potentially register domains or social media handles before your mark proceeds.
• Fees are charged per class, so think carefully about how many classes you genuinely need.

Right Start application

The Right Start service lets you pay an initial fee to receive an examiner's report before you commit to the full registration cost. As at June 2026, the initial fee is £125 plus £30 for each additional class. The IPO examines the application and tells you whether it meets the rules. You then have 28 days to:

• Pay the balance (another £125 plus £30 per additional class) to complete the registration if the mark passes.
• Challenge the decision or discuss it with the examiner if the mark does not pass, using the same balance payment to fund further examination.

The Right Start route costs more overall than a successful standard application. It is useful when you have genuine uncertainty about whether a mark will pass the absolute grounds examination and want to limit the cost of an outright refusal. Always check GOV.UK for current Right Start fees — these are statutory amounts set by the IPO.

The examination process: absolute grounds

Once filed, an IPO examiner reviews the application for absolute grounds — defects in the mark itself under section 3 of the Trade Marks Act 1994. The most common objections are:

| Ground | What it means in practice | |---|---| | Descriptive | The mark merely describes the goods or services (e.g. "FAST DELIVERY" for a courier) | | Non-distinctive | The mark does not function as a badge of origin — too generic or common in the trade | | Customary in the trade | Signs that have become the standard way to describe a product category | | Deceptive | The mark might mislead consumers about the nature, quality or origin of the goods | | Contrary to public policy | Marks that are offensive, illegal or contrary to accepted morality | | Shapes and functional features | Shapes that result from the nature of the goods, are necessary for technical results, or give substantial value to the goods |

If the examiner raises an objection, they will issue what is known as an examination report and give the applicant a set period to respond. A well-constructed response — with evidence of acquired distinctiveness through use, for example, or a legal argument distinguishing earlier decisions — can rescue an application that initially looked borderline. Failure to respond, or an unconvincing response, will result in refusal.

The IPO does not examine for relative grounds (conflicts with earlier marks) at the examination stage. That task is left to the proprietors of earlier rights, who have the opportunity to oppose during publication.

Publication, opposition and registration

If the examiner is satisfied, the mark is published in the Trade Marks Journal — a weekly online publication available on GOV.UK. Publication opens a two-month window during which any person may oppose the application.

Extending the opposition period: Any party wishing to oppose can file a TM7a (Notice of Threatened Opposition) electronically within the initial two months. This extends the opposition window by a further month — giving a total of three months from the publication date in which a formal opposition (TM7) must be filed.

Who can oppose and on what grounds:

• Absolute grounds: Anyone can oppose on the basis that the mark should not have been accepted by the examiner.
• Relative grounds: Only the proprietor of an earlier trade mark or earlier right may oppose on the basis of a conflict with their mark.

If no opposition is filed within the opposition period, or any opposition is resolved in the applicant's favour, the IPO issues a registration certificate. The registration takes effect from the original filing date, not the date of the certificate.

What registration gives you

A registered UK trade mark provides:

• Exclusive use of the mark for the goods and services in the registered classes.
• The right to use the ® symbol.
• The right to bring proceedings for trade mark infringement under section 10 of the Trade Marks Act 1994, without having to prove goodwill or reputation.
• The ability to oppose or invalidate later conflicting applications.
• A property right that can be licensed, assigned or used as security.
• UK Border Force powers to detain counterfeit goods bearing a copy of a registered mark.

Registration in the UK covers England, Wales, Scotland and Northern Ireland. It gives no rights in the Isle of Man or Channel Islands, or in any other country.

Duration, renewal and the non-use risk

A UK trade mark is registered for 10 years from the date of registration and may be renewed under section 43 of the Trade Marks Act 1994 for further ten-year periods. The renewal fee can be paid up to six months before the renewal date, and there is a six-month grace period after expiry (subject to a late renewal fee). Always check GOV.UK for the current renewal fee before the due date.

The non-use risk: An application for revocation can be filed at any time after the mark has been on the register for five years. If the proprietor cannot demonstrate genuine use of the mark in the UK in relation to the goods or services it covers, during the five-year period preceding the revocation application, the registration can be cancelled. "Proper reasons" for non-use (circumstances outside the proprietor's control, such as import restrictions) can defeat a non-use challenge, but this is a narrow defence.

The practical implication: file in the classes you actually use or intend to use in the near future, and retain evidence of use — invoices, marketing materials, product photographs with dates — from the date of registration. A broad registration left unused is a liability.

International protection: what the UK mark does not cover

A UK registration gives no rights outside the United Kingdom. Since Brexit, UK registrations are entirely separate from EU trade marks. There are two main routes to protect a mark abroad:

• EU trade mark (EUTM): Filed with the EUIPO, covering all 27 EU member states in one application.
• Madrid Protocol: An international filing system administered by WIPO that lets you designate multiple countries in a single application, using the UK mark as the base. Each designated country then examines the application under its own rules.

Each route has different fees, timelines and examination standards. International coverage is a separate decision from UK registration, but both can run in parallel.

Enforcement: what to do if someone infringes

If your mark is registered and someone uses an identical or confusingly similar sign for identical or similar goods or services without your permission, you have a statutory right of action under the Trade Marks Act 1994. Common remedies are:

• A cease and desist letter setting out the registration details and demanding the infringer stops. Many disputes end here.
• An injunction from the court restraining further use.
• Damages or an account of profits — the infringer pays either what you lost or what they made.
• An order for destruction of infringing goods and materials.

See our guide on cease and desist letters for how the initial enforcement step works in practice.

Without registration, the only option is a passing off claim, which requires proving: (1) you have established goodwill in the mark; (2) the defendant has made a misrepresentation likely to deceive the public; and (3) you have suffered or are likely to suffer damage as a result. This is a significantly harder and more expensive route, and it is unavailable to a new business with no established trading history.

For a detailed look at the difficulties of enforcement in practice, see our guide on challenges in enforcing intellectual property rights.

Practical checklist before you file

1. Run a full clearance search on the IPO register and wider sources (company names, domains, social handles, general web search) before spending any money on the application.
2. Decide what you are actually filing — word mark, logo mark or both. If your logo is likely to evolve, a word mark alone may give you more durable protection.
3. Choose your classes carefully — cover what you genuinely trade in now and what you have concrete plans to trade in. Do not overclaim or underclaim.
4. Draft your specification precisely — the wording of the goods and services description defines the scope of your protection. Vague or over-broad terms will attract examiner objections.
5. Double-check the applicant details — the registered proprietor is the legal owner. If you are filing in a company name, make sure that is the entity that will actually own and use the mark.
6. Verify the current fees on GOV.UK immediately before filing — IPO fees are set by statutory instrument and can change.
7. Keep evidence of use from day one — invoices, marketing materials, product shots with dates. You will need this if the registration is ever challenged for non-use after five years.

Last reviewed: June 2026 by a non-practising solicitor · Next review due: June 2027 or on legislative change.