How to Register a Trademark in the UK

Registering a trademark is one of the most effective ways to protect a brand in the United Kingdom. A registered mark gives the owner exclusive rights to use the sign for particular goods or services and allows them to take legal action against counterfeiters, put the ® symbol next to their brand, and license or sell the mark. Unregistered “common‑law” rights exist through use, but they offer weaker protection and are harder to enforce. The UK Intellectual Property Office (IPO) administers the registration system, and understanding its processes can save time and money. This guide explains how to register a trademark in the UK, drawing on official sources and outlining key steps, costs, timelines, and post‑registration obligations.

What can and cannot be registered

A trademark must be capable of distinguishing a business’s goods or services from those of competitors. The IPO recognises various types of signs, including words, sounds, logos, colours, and combinations thereof. The Chartered Institute of Trademark Attorneys (CITMA) notes that trademarks can also be shapes, positions, patterns, single or combination colours, sounds, motion, multimedia, or hologram marks.

You cannot register a sign that:

• Is offensive or misleading. Marks containing swear words, pornographic imagery, or false statements about the goods (e.g., calling non‑organic goods “organic”) will be refused.
• Describes the goods or services directly. Generic terms like “cotton” for a textile company or “great cleaner” for a cleaning product lack distinctiveness and cannot be registered.
• Is too common or non‑distinctive. Vague slogans such as “we lead the way” or shapes traditionally associated with the products (e.g., the shape of an apple for apples) cannot be monopolised.
• Uses protected emblems or national flags without permission.
• Conflicts with earlier rights. A mark that is identical or confusingly similar to an existing trademark covering the same goods or services is likely to face objections and possible opposition.

When planning your mark, make it distinctive and avoid descriptive or generic terms. Imagery, invented words or unusual combinations of elements increase the chances of acceptance. Before filing, ensure the mark is not already in use by searching the UK trademark register.

Understanding the classification system

The IPO uses the international Nice Classification to group similar goods and services. There are 45 classes: classes 1‑34 cover goods, and classes 35‑45 cover services. Each class contains numerous “terms” describing specific goods or services. You must choose at least one class and one term when applying, and your protection will be limited to those classes. For example, class 25 covers clothing, so it includes terms such as “sports clothing” and “athletic clothing”; class 35 covers retail services and advertising.

Choosing the correct classes is crucial. You cannot add extra goods or services after filing, so plan for what you intend to sell now and in the next five years. Over‑broad specifications may lead to conflicts with earlier marks and increased costs. The IPO warns that including goods you do not plan to use within five years can leave your mark vulnerable to challenge, because UK law allows revocation if a registered mark has not been put to genuine use for the goods or services during a continuous five‑year period. The classification page offers examples: a clothing brand should choose class 25 for clothing, while a shop selling other brands’ clothing would choose class 35 and the term “retail services in relation to clothing”.

To select classes:

1. Identify your current and planned goods or services. Examine your business plan for the next five years; you can include multiple classes if necessary, but must pay an extra fee for each one.
2. Use the IPO’s free class search tool. The UK provides a search service to help applicants find appropriate classes.
3. Be specific. Narrow specifications reduce the risk of opposition from holders of broader marks.
4. Seek professional advice if unsure. The IPO, Intellectual Property (IP) clinics, and the British Library’s Business and IP Centre can provide free guidance, and a trademark attorney can conduct searches and advise on strategy.

Pre‑application checks and the Right Start service

Before filing, it is vital to search for similar trademarks. The IPO’s database allows free searches, and CITMA stresses that “conducting trademark searches is vital to establish that no one has prior rights”. If you knowingly apply for a mark identical or similar to an existing one, the IPO will notify the earlier rights holder, and your application could be opposed, leading to legal costs or refusal.

The Right Start option offers a preliminary examination. By paying £100 plus £25 per additional class, you can submit a Right Start application and receive a report on whether your mark meets the registration criteria. If the report is positive, you pay another £100 plus £25 per class to proceed; if not, you can withdraw or discuss the decision. The Right Start service helps applicants avoid the full fee if the mark is unregistrable and is particularly useful for small businesses. The IPO will also check for similar marks as part of this service.

Professional advice

Although it is possible to register a trademark without legal representation, seeking professional help is often wise. The IPO and IP clinics can advise on classification, and CITMA’s directory lists chartered trademark attorneys who can conduct clearance searches, prepare applications and handle oppositions. Attorneys can also advise on whether your mark meets the legal requirements and the risks associated with using it.

How to apply for a UK trademark

Documents and information needed

When you are ready to apply, you need to provide:

• Representation of your mark. This could be the word(s), slogan, logo or graphic you wish to register. If you intend to register different versions of the same mark (e.g., varying colours), consider a series application covering up to six variations.
• Applicant details. The name and address of the individual or company owning the mark must be supplied.
• Chosen classes and terms. List the goods and services for which you seek protection.
• Fee payment. Fees depend on the type of application and number of classes.

Methods of application

You can apply online via the IPO’s TM3 form, or by post. Online filing is cheaper and faster. A standard online application costs £170 for a single class and £50 for each additional class. A series application includes two versions of the mark in the base fee, with each extra version (up to six) costing £50.

A Right Start application costs £100 plus £25 per additional class for the initial assessment; a further £100 plus £25 per class is payable if you decide to proceed after receiving the report. Applicants have 28 days to decide whether to continue, challenge the decision or abandon the application.

If you cannot apply online, paper applications are accepted using TM3. The fee is £200 for one class plus £50 per additional class. Since the fee difference is small, online filing is usually preferred for its convenience and quicker processing.

Publication and potential misuse

The IPO publishes your application details on its website immediately after you file. This transparency serves to inform third parties but also means others could register a domain name using your brand or otherwise exploit the information. Therefore, consider securing domain names and social media handles before filing.

Examination and opposition procedure

Once filed, the IPO examines your application and issues an examination report within two to three weeks. The report details any objections, which may relate to inherent registrability (e.g., descriptive marks) or earlier rights. You have two months to overcome objections by modifying your specification, providing arguments, or evidence.

The IPO also searches for existing marks that are identical or similar to your application and notifies both parties. If you resolve any objections, your application is published in the Trademarks Journal for two months. During this period, anyone may file an opposition.

If someone opposes your application, you have three options:

1. Discuss with the opposing party to narrow your specification or reach a coexistence agreement.
2. Withdraw the application for the disputed classes or entirely.
3. Defend the application through legal proceedings. Legal costs can be substantial, so professional advice is recommended.

An opposition may extend the timeline considerably, but most unopposed marks proceed to registration.

When your trademark is registered

If there is no opposition (or once oppositions are resolved), the IPO registers the mark around 10 weeks after publication. A certificate of registration is issued, and you may begin using the ® symbol. Registration confers powerful rights: you can object to later applications for similar marks, license or mortgage the mark, and sell it as an asset. The mark lasts ten years and can be renewed indefinitely.

Post‑registration obligations

• Use the mark. UK law allows revocation if a mark is not put to genuine use in the UK for five years after registration or for any continuous five‑year period thereafter.
• Keep your details up to date. You must report changes to your name, address or email, transfer ownership, or appoint a representative.
• Renew the mark every ten years. The TM11 renewal fee is £200 for the first class and £50 for each additional class. Renewal forms can be filed online or by post. Failure to renew results in a lapsed registration, but you can restore it within six months by paying a £100 restoration fee and the renewal fees.
• Monitor third‑party use. Watching services or regular searches help detect infringers or conflicting applications. Once registered, you may oppose later marks or pursue infringement proceedings.

Conclusion

Obtaining a trademark registration in the UK is a structured process. Applicants must choose distinctive signs, classify goods or services accurately under the Nice Classification system, and conduct thorough searches to avoid clashes with earlier marks. The IPO offers flexible application methods, including the cost‑saving Right Start option. After filing, an examination and publication period allows objections and opposition, but successful applications grant exclusive rights that can be renewed indefinitely. By understanding the rules, timelines and fees explained above, businesses and individuals can secure strong legal protection for their brands in the United Kingdom.

FAQ

How long does a UK trademark registration last?

A UK trademark registration is valid for ten years from the filing date and can be renewed every ten years indefinitely. You must pay the renewal fee (£200 for the first class plus £50 for each additional class) before the renewal deadline.

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

A standard online application costs £170 for a single class, plus £50 per additional class. A Right Start application costs £100 (plus £25 per extra class) for a preliminary check and another £100 (plus £25 per class) if you decide to proceed. Paper applications cost £200 for one class and £50 per additional class.

What is a series application?

If you wish to register several versions of a mark that vary only in non‑substantial ways (for example, colour or presentation), you can file a series application. The base fee covers two versions of the mark; each additional version (up to six) costs £50. A series application is more cost‑effective than filing separate applications for each variation.

Can I add more goods or services after filing my application?

No. You must choose all relevant classes and terms before filing. The IPO explains that your trademark will only be protected in the classes you select and that you cannot add more terms after you send your application. If you wish to expand into new goods or services later, you will need to file a new application covering those classes.

Do I need to use my trademark after registration?

Yes. UK law allows anyone to apply for revocation if a trademark has not been put to genuine use in the UK: (1) within five years after registration, or (2) for any continuous period of five years thereafter. Failure to use the mark may result in loss of rights for the unused goods or services. Therefore, only register classes you intend to use within five years and maintain evidence of use.

Can someone oppose my trademark application?

Yes. Once your application is accepted by the IPO, it is published for a two‑month opposition period. Any third party can oppose the application if they believe it conflicts with their earlier rights. If an opposition is filed, you may negotiate, withdraw your application, or defend it through legal proceedings. Professional representation is strongly recommended in opposition proceedings.

How quickly will my trademark be registered?

Most unopposed applications are registered in roughly three to four months. The IPO issues an examination report within two to three weeks, followed by a two‑month publication period for opposition. If there is no opposition, the mark is registered around ten weeks after publication. Oppositions or complex objections can extend this timeline.

Do I need a lawyer to register a trademark?

No, you can apply directly via the IPO. However, trademark law can be complex. The IPO and IP clinics offer free guidance, and CITMA‑registered attorneys can perform clearance searches, draft specifications, and represent you in oppositions. Professional advice can help avoid costly errors and improve your chances of successful registration.