Trademark registration – Securing your brand legally

Trademark registration is a vital step for any business aiming to protect its brand identity, logo, product names, or slogans. Securing a trademark gives you exclusive legal rights over the mark in respect of certain goods or services and prevents others from using your intellectual property without permission. For strategic legal support with intellectual property, explore our Business Solicitors services.

Whether you’re launching a startup or growing an established brand, understanding the process of trademark registration in the UK is crucial. It’s not just about ownership – it’s about protecting your market position and deterring infringement, both online and offline. Registration strengthens your legal standing in disputes and boosts your commercial credibility.

What is a trademark?

A trademark is a sign that identifies your goods or services and distinguishes them from competitors. It can include:

• Words or phrases (e.g. brand names or slogans).
• Logos and symbols.
• Sounds (like jingles).
• Colours and even packaging shapes (in some cases).

To qualify for trademark registration, your mark must be distinctive and not descriptive of the goods or services you provide. Generic or misleading terms cannot be registered.

Why register a trademark?

Trademark registration in the UK gives you exclusive legal rights to use the mark in relation to the goods or services listed in your application. Key benefits include:

• Legal protection – You can take legal action against infringers.
• Commercial value – Registered marks can be sold, licensed, or franchised.
• Brand trust – It reassures customers and partners of your legitimacy.
• Nationwide protection – Covers all of England, Wales, Scotland, and Northern Ireland.

While unregistered trademarks may provide some common law protection (known as “passing off”), registered trademarks offer stronger and clearer rights.

Step-by-step guide to trademark registration in the UK

Registering a trademark through the UK Intellectual Property Office (UKIPO) involves several clear steps:

1. Conduct a trademark search – Check existing trademarks on the UKIPO database to ensure your mark is available and no similar marks already exist.
2. Identify the classes – Trademarks are registered against groups of good or services (known as ‘classes’). Choose the classes of goods/services you would like to register against. The more classes you pick, the more expensive your application will be.
3. Submit an application – Apply online via the UKIPO portal and pay the relevant fee.
4. Publication and opposition – Your trademark is published for two months. Others can oppose it during this time.
5. Registration – If there’s no opposition (or it’s resolved), the UKIPO registers your trademark and issues a certificate.

Most applications take around 3 to 4 months, provided no objections are raised.

Common mistakes to avoid in trademark applications

Many applications fail due to avoidable errors. Be aware of these common pitfalls:

• Choosing a descriptive or non-distinctive mark
• Failing to conduct a thorough search
• Applying under incorrect classifications
• Using an identical or confusingly similar name to an existing brand

To avoid refusal or future disputes, seek legal advice before filing your application, especially for marks of high commercial value.

Costs of trademark registration

The UKIPO charges the following as of 2025:

Legal support or professional searches may add to the total cost but reduce the risk of rejection.

Enforcement of trademark rights

Once your mark is registered, you have the legal right to prevent others from using it (or something confusingly similar) without your permission. You can:

• Send a cease and desist letter.
• Apply to the court for an injunction or damages.
• Object to conflicting applications during publication.

Trademark infringement claims must be based on registered rights, not unregistered usage. This is why formal registration is crucial for enforcement.

Case experience

Fosters acts for many businesses each year, who come to us having found a competitor that is trading under an identical or similar brand to their own. Understandably the businesses that speak to us feel that their brand is being used to unfairly legitimise and enhance the reputation of the other trader.

Whilst we can often help businesses in these instances, even if they don’t have a trademark, it is far easier to assist those businesses that have already taken steps to protect their brand through trademark registration.

Expert tips for trademark success

Here are top insights from intellectual property solicitors:

• Choose a brand name that is unique, not descriptive.
• Register early – waiting until your business grows invites infringement.
• Use ® only after registration; use ™ while your application is pending.
• Monitor your trademark for unauthorised use and act quickly.

A proactive approach to trademark protection can give your business long-term stability and value.

Our Business Solicitors can help you to protect your creative work and your brand. Our experts can help you and your organisation with trademarks and copyright – whether that’s advice on how to protect your brand and assisting you through the process involved, or if you have any concerns regarding infringement and guidance over permissions and protection.

Contact us for more information.

International trademark protection

Trademark registration through the UKIPO only protects your mark in the UK. If you plan to operate internationally, consider extending protection via:

• The Madrid Protocol.
• Direct applications to national IP offices (e.g. EUIPO, USPTO).

Each region has its own rules, fees, and procedures. Strategic advice is vital when expanding your trademark portfolio overseas.

FAQs

What is trademark registration?

Trademark registration is the legal process of securing exclusive rights to use a brand name, logo, or slogan in relation to specific goods or services.

How long does UK trademark registration take?

The typical process takes 3-4 months, assuming no objections or oppositions arise during the publication stage.

How long does a UK trademark last?

Registered trademarks last 10 years and can be renewed indefinitely in 10-year increments.

Can I register a trademark myself?

Yes, you can apply directly via the UKIPO. However, using a solicitor can help avoid common pitfalls and increase your chances of success.

What happens if someone opposes my application?

You’ll receive notice and can respond. If unresolved, the matter may go to a tribunal. Legal advice is strongly recommended in such cases.

Is trademark registration mandatory?

No, but without registration, you have weaker legal rights. Passing off claims are harder to prove than trademark infringement claims.

What’s the difference between ™ and ® symbols?

The ™ symbol can be used with any mark to signal intent to claim rights. The ® symbol must only be used once a trademark is officially registered with UKIPO.

This article was produced on the 8th September 2025 for information purposes only and should not be construed or relied upon as specific legal advice.