Trademark Registration in the UK: The Full Guide

Having the ® symbol next to your logo, product or service has several functions.

This trademark registration status is important for UK businesses because it affords your brand identity protection, gives you exclusive rights to use it, increases your asset value and affords you legal protection in case someone else uses it.

With so many compelling reasons to register your business trademark, you’ll want to know what the process involves, how much it costs and other key details. That’s exactly what we cover below in our full guide, so keep reading to learn more.

What Is a Trademark?

A trademark is a word, logo, sign, symbol, sound, etc., which applies to both goods and services, and acts as the registered owner’s intellectual property. It can be enforced against third parties, such as competitors who use similar or related marks, or directly use the registered trademark for their own purposes.

In the UK, trademark protection has existed for hundreds of years. But it was not until the Trade Marks Registration Act 1875 that the first legally registered trademark in the UK took place for goods. More than 100 years later, after this piece of legislation came the 1986 amendment to the Act, which allowed for the registration of trademarks for services.

The criteria for registering a trademark include that it must be original, distinct, and be a graphical representation (in most cases) of the symbol, word, logo, shape, etc. that the owner would like to have registered.

Why register a trademark in the UK?

Trademark registration in the UK is an important step for businesses of all sizes, from startups to established enterprises. While simply using a brand name or logo can give you some limited rights through “unregistered” trademark protection (also known as “passing off”), registering a trademark provides far stronger and more reliable legal security. 

The benefits of registering your trademark include:

• Protection against infringement: A registered trademark gives you the exclusive right to use your mark for the goods and services it covers. This makes it much easier to take legal action against competitors who attempt to copy, misuse or dilute your brand. Without registration, proving ownership and enforcing your rights can be expensive, time-consuming, and uncertain.
• Enhanced brand value and recognition: Your trademark is one of your business’s most valuable assets. A registered mark not only distinguishes your products or services from those of competitors but also builds consumer trust and brand loyalty. Over time, it strengthens your brand identity and can significantly increase the commercial value of your business, especially if you seek investment or plan to sell the company.
• Safeguarding the origin and quality of goods/services: Trademarks act as a guarantee of origin. When customers see your registered mark, they associate it with a certain standard of quality and service. This helps to prevent others from misleading consumers by offering inferior or counterfeit versions of your products under a similar name or logo.
• Expansion and licensing opportunities: A registered trademark is an asset that can be licensed, franchised, or sold. This opens up new revenue streams and provides opportunities for growth both within the UK and internationally. If you plan to expand into other countries, your UK registration can also serve as the foundation for securing protection abroad.
• Long-term security: Once registered, a UK trademark lasts for 10 years and can be renewed indefinitely. This provides lasting protection for your brand as your business grows and evolves.

By registering a trademark in the UK, you safeguard your brand against misuse, enhance its commercial value, and create lasting opportunities for growth and expansion.

Preparing for Trademark Registration in the UK

Below, you can learn more about how to approach trademark registration and the steps you need to take before registering. 

Conduct a trademark search

Before you begin your trade mark registration process, it’s highly advisable that you check for the existence of similar trademarks. The purpose of this key step is to help you avoid legal conflicts further down the road.

If you use a registered trademark that belongs to someone else, you could be subject to a lawsuit and corrective action that can impact your brand. Similarly, if you use a trademark that is too similar to another owner’s trademark, you could be liable for damages in cases where passing off are applicable.

This is why conducting a trademark search is so important. To do this, you need to use the UK Intellectual Property Office (UKIPO) trademark search tool, or hire a registered UK trademark attorney or a trade mark solicitor, although this will involve additional fees.

Choose the right trademark class

When registering a trademark in the UK, it is vital to choose the correct class or classes of goods and services under which your mark will be protected. 

Trademarks are organised into 45 different classes:

• Classes 1–34 cover goods (such as food, clothing or chemicals).
• Classes 35–45 cover services (such as retail, education or legal services).

Your trademark protection applies only to the classes you select in your application. For example, registering your brand in Class 25 (clothing) would not automatically prevent someone from using a similar name in Class 30 (food and drink).

Here are some tips for selecting the appropriate class(es):

• Think about your core offering: Focus on the products or services your business currently provides.
• Consider future plans: If you intend to expand into related areas in the next few years, include those classes as well to avoid gaps in protection.
• Use official resources: The UK Intellectual Property Office (UKIPO) offers a searchable classification tool to help you identify the most suitable class.
• Be precise, not broad: Overly broad claims can be challenged, while narrow choices may leave your brand exposed.
• Seek professional guidance: An intellectual property attorney or trademark advisor can help make sure you select the right classes and descriptions to fully protect your brand.

By carefully selecting the correct trademark classes, you ensure that your registration offers meaningful and enforceable protection for your business.

Meet eligibility criteria

Not every name, logo or slogan can be registered as a trade mark in the UK. To be successful, your application must meet certain eligibility requirements set out by the UKIPO.

The UKIPO can refuse a trademark application if the mark falls into one of several restricted categories (also known as “absolute grounds” for refusal). 

For example, a trademark may be rejected if it is:

• Generic or descriptive: These are words that simply describe the goods or services (e.g., “Fresh Bread” for a bakery) cannot usually be registered.
• Misleading: Marks that could deceive the public about the nature, quality or origin of the goods/services.
• Non-distinctive: Signs that are too common or lack originality, such as basic shapes or everyday terms.
• Contrary to public policy or morality: Offensive or unlawful terms will not be accepted.

However, it is important to note that even if your mark passes the absolute grounds test, it may still be refused if it is too similar to an already registered trademark in the same or related classes. 

To avoid this, you should:

• Search the UKIPO trademark database before applying to check for potential conflicts.
• Consider variations in spelling, pronunciation or design that may still cause confusion with an existing mark.
• Seek professional advice if you are unsure whether your trademark is sufficiently unique.

By ensuring your trademark meets the eligibility criteria, you reduce the risk of refusal and strengthen the legal protection your registration will provide.

Step-by-Step Guide to Trademark Registration in the UK

Once you’ve conducted a thorough search for similar or related trademarks through the UKIPO’s database, the next steps are as follows:

Step 1: Filing your application

The first stage in registering a trademark in the UK is to file an application with the UKIPO. This can be done online via the UKIPO website, which is the fastest and most cost-effective method, or you can do so by submitting a paper form.

Your application must include several key details:

• Owner information: The full legal name(s) and address(es) of the individual(s) or business applying for the trademark. Note that there can be more than one individual registering a trademark and that a registered postal address in the UK is required if the owner(s) don’t reside in the UK.
• Graphical representation of the mark: This could be a word, logo, slogan or a combination, depending on what you want to protect.
• Goods and services classification: The trademark classes your application covers, along with clear descriptions of the products or services.

It is vital to complete the application accurately, as mistakes or omissions could delay the process or weaken your protection. Once submitted, the UKIPO will review your application and begin the examination process.

Step 2: Paying the government fees

Paying the relevant fees to the UKIPO for the service to be carried out is the next step. But how much will you pay? The answer depends on the option you choose. One option is the online application and the second is the paper-based application.

With the online application, the base fee starts from £170 to register a trademark in one class and an additional £50 for each additional class. With the paper-based application, you will need to pay £200 for the registration and £50 for each additional class.

As such, a cost-effective strategy for small businesses is to be as thoroughly prepared as possible. This means preparing your application beforehand, choosing the online version, and bundling the classes of applications in one (with a maximum of six allowed at one time) to save on costs.

Step 3: Examination by the UK IPO

Once your application has been filed, the UKIPO will carry out an official examination to determine whether your trademark is eligible for registration. 

This process involves two main assessments:

• Absolute grounds: The examiner checks whether the mark meets the basic requirements for registration. Marks that are descriptive, generic, misleading or offensive may be refused at this stage.
• Relative grounds: The examiner also looks for potential conflicts with existing registered trademarks. If your mark is too similar to another already on the register in the same or related classes, it may not be accepted.

Possible outcomes of the examination include:

• Acceptance: If no issues are found, your application will move forward to publication.
• Refusal: If the mark does not meet the eligibility criteria, the application may be rejected.
• Modification or clarification requests: The examiner may invite you to amend your application, such as narrowing your goods or services description, before it can proceed.

Responding carefully to any examiner feedback is crucial. That’s because it can determine if your trademark advances towards registration or fails at this stage.

Step 4: Publication and opposition period

If your trademark application passes the UKIPO examination, it will be published in the Trade Marks Journal. This makes your application publicly available and opens a two-month opposition period (which can be extended to three months). During this time, third parties have the opportunity to oppose your application if they believe it conflicts with their existing trademark rights.

What happens during the opposition period:

• If no one files an opposition, your trademark will move toward registration once the period ends.
• If an opposition is filed, the process becomes more complex.

Here are the steps to take if oppositions are raised:

• Review the grounds for opposition carefully. Oppositions may be based on similarity to an existing trademark, bad faith or other legal reasons.
• Engage with the opponent. In some cases, disputes can be resolved through negotiation or settlement, such as limiting the scope of your goods/services.
• Prepare a formal response. If no agreement is reached, you must submit a counter-statement and possibly defend your application through legal proceedings.

During this stage, it’s vital that you seek professional advice. Trademark disputes can be complex and costly, so expert legal guidance is highly recommended if your mark faces opposition.

The opposition period is a critical stage of the registration process, as it provides existing rights holders the chance to protect their brands. Careful handling of objections can make the difference between successful registration and refusal.

Step 5: Receiving your trademark registration

If no oppositions are raised or if any disputes are successfully resolved, the UKIPO will move forward with granting your trademark. You will be issued an official Certificate of Registration, which confirms your exclusive rights to use the mark for the goods and services listed in your application.

Rights conferred upon successful registration include:

• Exclusive use: You have the legal right to use your trademark in connection with the registered goods and services.
• Enforcement power: You can take legal action against anyone who uses your mark (or a confusingly similar one) without permission.
• Commercial advantage: Your trademark becomes a valuable business asset that can be licensed, franchised or sold.
• Long-term protection: Registration lasts for 10 years and can be renewed indefinitely, ensuring ongoing security for your brand.

At this stage, your trademark is fully protected under UK law, giving you the tools to grow your brand with reduced risk of infringement.

After Registration: Maintaining and Protecting Your Trademark

Once you register your trademark, some further steps and processes can help you maintain the status and protect your brand. 

Trademark renewal process

In the UK, a registered trademark is valid for 10 years from the date of registration. Bear in mind that this includes the period you filed your application, the search period, the publication period and the final approval. To maintain your rights, you must renew your trademark every 10 years with the UKIPO.

The renewal process is straightforward: you can submit a renewal application online or by post, and you can renew up to six months before the expiration date. Late renewals are possible, but additional fees apply if you renew after the deadline has passed.

Timely renewal is essential because if your trademark lapses, you lose the exclusive rights it provides. This not only leaves your brand vulnerable to misuse or imitation but may also allow competitors to register a similar mark. Keeping your registration up to date ensures continuous protection and preserves the long-term value of your brand.

Monitoring and enforcing trademark rights

Registering a trademark is only the first step. That’s why actively monitoring and enforcing your rights is essential to maintain the strength and exclusivity of your brand.

As a trademark owner, it is your responsibility to keep an eye out for unauthorised use of your mark. 

This can involve:

• Regularly checking the marketplace, online platforms, and social media for copycat brands.
• Monitoring new trademark applications for similar marks through the UKIPO’s database.
• Using trademark watch services to receive alerts about potentially conflicting filings.

If you identify an infringement, you have several enforcement options, which include:

• Cease and desist letters. These are often the first step as they warn the infringer to stop using your mark.
• Negotiation or settlement, which involves resolving disputes without litigation where possible.
• Formal legal proceedings, where if necessary, you can initiate trademark prosecution and bring a trademark infringement claim before the courts to seek remedies such as damages, injunctions or seizure of counterfeit goods.

Specialist trademark attorneys and solicitors play a crucial role in enforcement. They can:

• Advise on whether an infringement has occurred.
• Draft and send enforcement letters.
• Represent you in opposition proceedings or court cases and.
• Help devise strategies to protect and strengthen your brand long term.

Active enforcement not only prevents misuse but also reinforces the distinctiveness and commercial value of your trademark. However, using the services of an attorney or trademark solicitor can involve hefty legal fees that you should be aware of.

Accept card payments and grow your business with myPOS Go 2

Learn more

International Trademark Considerations

If you’re a foreign applicant for a UK trademark or you’re planning to expand beyond the UK, you need to keep in mind some special considerations. 

Foreign applicants and UK trademarks

Non-UK residents are allowed to register trademarks in the UK, but there are specific requirements to follow. If you are an applicant based outside the UK, the Channel Islands, Gibraltar or the Isle of Man, you must appoint a UK-based local representative to handle your application process.

This representative can be a registered trademark attorney, solicitor or other qualified agent who is authorised to correspond with the UKIPO on your behalf.

The role of the representative is crucial because they:

• Ensure your application is filed correctly and complies with UKIPO requirements.
• Manage communications with the UKIPO during the examination process.
• Assist with responding to objections, oppositions raised or other procedural issues.
• Provide ongoing advice on maintaining and enforcing your trademark rights in the UK.

For foreign businesses seeking protection in the UK market, appointing a knowledgeable local representative ensures a smoother registration process and stronger long-term brand security.

Expanding beyond the UK

For businesses planning to operate internationally, protecting your brand outside the UK is just as important as registering it locally. One of the most efficient ways to secure protection abroad is through the Madrid Protocol. This is a global treaty that allows trademark owners to file a single application to seek protection in multiple member countries.

To do this successfully, you must already have a UK trademark application or registration before filing an international application under the Madrid system. A single application is submitted to the UKIPO, which then forwards it to the World Intellectual Property Organisation (WIPO).

From there, you can designate the specific countries where you want protection. Each designated country will examine your application under its own laws.

Here are the steps to protect your trademarks internationally:

• Assess your target markets: Identify the countries where you currently trade or plan to expand.
• File through the Madrid Protocol: Streamline the process by covering multiple jurisdictions in one application.
• Monitor and respond: Be prepared for individual countries to raise objections or request modifications.
• Maintain your registrations: Renew your international trademark in line with the WIPO requirements and ensure ongoing use in each jurisdiction.

Expanding trademark protection internationally ensures your brand is safeguarded as your business grows across borders, preventing competitors from capitalising on your reputation in foreign markets.

Practical Examples and Insights

To put theory into practice, let’s showcase some practical examples of the trademark registration meaning, benefits, and processes. 

A real-life example of a successful trademark

Many UK businesses have built strong brands by choosing distinctive trademarks that stand out in the marketplace. For instance, BrewDog carved out a unique niche in the crowded craft beer industry, registering bold branding that reflects its rebellious image.

The lesson is clear that a successful trademark should be depicted graphically in a way that is instantly recognisable and easy to associate with your goods or services. When you apply for a trademark online, investing time in selecting a truly distinctive name, logo or slogan will not only reduce the risk of refusal but also provide stronger, powerful rights that can be defended against imitators.

Choosing something unique and memorable at the outset saves costs later. This is especially true regarding the registration fee for multiple applications if your first attempt fails. That’s why businesses like yours should take inspiration from such success stories to secure your trademark that strengthens your long-term market presence.

Trademark renewal and long-term protection

Securing a trademark is one aspect. But keeping it active and valuable over time is equally important. UK trademarks last for 10 years, but they must be renewed promptly to avoid lapsing. Paying the renewal registration fee on time ensures your exclusive rights remain intact.

For foreign applicants residing outside the UK, ongoing support from a local representative can help keep track of renewal deadlines and compliance requirements. Beyond renewals, businesses should also adapt their trademarks as their offerings evolve.

For example, updating how a logo is depicted graphically or expanding protection into new classes can preserve your relevance in changing markets.

A proactive strategy that combines timely renewal with forward-thinking brand management ensures your trademark continues to deliver powerful rights and commercial value well into the future.

Conclusion

Registering a trademark in the UK is one of the most effective ways to protect and strengthen your brand. From securing rights against infringement to enhancing your business’s commercial value, trademarks provide long-term security for the names, logos and designs that set you apart in the marketplace.

At myPOS, we understand how important brand protection is for merchants, whether you’re selling online or in-store. That’s why we offer merchants solutions that include card machines and online payment solutions to help your business not only accept payments, but also sustain its brand image while doing so. 

Our card machines let you print custom-branded receipts, while myPOS mobile checkout Android SDK supports a range of UI customization options that allow you to easily match your payment screen appearance to your app’s branding.

By combining secure payment options with strong trademark protection, your business is well-positioned to thrive in an increasingly competitive market.

Frequently Asked Questions

Do I need to trademark my business name in the UK?

Although you are not legally required to trademark your business name, registration provides stronger protection than relying on unregistered rights (such as passing off). A registered trademark ensures you have exclusive rights to your name in the classes you select and makes it easier to stop others from copying or misusing it.

How long does it take to register a trademark in the UK?

If there is no opposition, the process usually takes around four months from filing to registration. If complications arise, such as disputes or examiner queries, the process may take longer.

How much is a registered trademark?

The cost starts at £170 to register a trademark online for one class, with an additional £50 for each extra class. Fees are higher if you take the paper application route.

Can you sell a trade mark in the UK?

Yes. A registered trademark is an intellectual property asset that can be sold, licensed or franchised. Any transfer of ownership must be recorded with the UKIPO to ensure the new owner’s rights are legally recognised.

How much does it cost to oppose a trademark in the UK?

The official fee to file an opposition is typically £100–£200, depending on the type of opposition. However, legal costs for preparing and handling the opposition can be significantly higher.

What cannot be a trademark?

Certain types of marks cannot be registered, including:

• Generic or purely descriptive terms (e.g., “milk” for dairy products)
• Misleading or deceptive names
• Marks that are offensive, unlawful or against public policy
• Common shapes, colours or designs without distinctiveness

Can you sue a company for using your trademark?

Yes. If another business uses your registered trademark without permission, you can take legal action for infringement. Remedies may include damages, an injunction to stop the use and recovery of legal costs.

Is it worth registering a trademark?

Absolutely. Registering a trademark gives you exclusive rights, legal security and peace of mind that your brand is protected. It also increases the commercial value of your business, making it a worthwhile investment for long-term growth.