Trade mark registration in the UK: a step-by-step guide

A trade mark acts as a recognisable symbol of trust for your brand.

By helping consumers identify your products or services, a trade mark can be a tremendously valuable business asset. When you use one, the goodwill you generate attaches to it.

Trade mark registration is the process of obtaining exclusive legal rights to use a mark. This provides a legal presumption of ownership, giving you the power to stop others from infringing on the mark. It also enables you to license or sell the mark.

This protection makes clear business and commercial sense. But how does trade mark registration work in the UK?

What can be trade marked in the UK? #

A trade mark is a ‘badge of origin’ that distinguishes your goods or services from others. In the UK, these legally protected signs can take a number of forms.

• Words: brand names, slogans or phrases
• Logos: unique symbols, pictures and designs
• Colours: distinct colours or combinations of colours
• Shapes: unique product packaging or 3D designs
• Sounds: jingles and audio logos

The two most widely recognised types of marks are word marks (such as ‘Google’ or ‘Coca-Cola’) and logo marks (such as the Nike ‘swoosh’ or the McDonald’s ‘golden arches’).

Your trade mark must be distinctive. You cannot trade mark something that is purely descriptive of the product or service, for example the word ‘Apple’ for a fruit shop. You also cannot trade mark something that is generic or identical to an existing mark.

Offensive or misleading marks are also ineligible for protection.

When should I apply for a trade mark? #

In the UK, there is no requirement for a mark to already be in use for it to be granted protection. As long as you intend to use the mark, you can apply for registration.

Therefore, it is advisable to submit an application for a trade mark as soon as possible – ideally before you launch your brand and as soon as you’ve conducted a search to ensure it is available.

Registering early establishes the priority date, which prevents others from registering a similar mark after you.

The process of registering a trade mark in the UK #

Trade mark applications are filed at the UK Intellectual Property Office (UKIPO), the official government body responsible for intellectual property rights.

The process involves clearance searches, classification, drafting, examination, publication and finally registration.

1. Searches #

Trade mark rights are exclusive and territorial, meaning you need to be aware of the possibility of infringing the rights of other holders. As a result, it is recommended to conduct comprehensive clearance searches to confirm the mark is available and free to use.

A trade mark search will reveal whether the same or a confusingly similar mark has already been registered by someone else, or whether there are any prior rights that might block your application.

2. Drafting and classification #

Your application will include a precise representation of what you want to protect. You’ll also need to identify the classes you want to associate the mark’s protection with.

The trade mark system divides goods and services into 45 classes. Classes 1-34 relate to goods (for example, class 9 for software and class 25 for clothing) and 35-45 relate to services (for example, class 35 for retail and class 41 for education).

Choosing the right classes is a crucial strategic decision. The only way to expand an application after filing is to file a fresh application, which in turn incurs further costs. Ensure your ‘specification’ (the list of goods and services) covers both your current and future business goals.

A specialist trade mark attorney will be able to provide tailored, commercially-focused strategic guidance on the best classes for your mark.

3. Filing the application #

This is done through the UKIPO’s online application portal or by post.

The UKIPO’s official filing fees (from 1 April 2026) are:

• £205 for the initial class
• £60 for each additional class

Note that professional legal fees are separate from these official UKIPO filing fees.

You have the option to submit a ‘Right Start’ application. This involves your application being checked by an examiner to ensure it meets the rules for registration before the full application fee is paid to the UKIPO.

Right Start is not necessary if you are working with a professional patent attorney – they will perform the necessary checks and assessments before filing.

4. Examination #

The UKIPO will then examine your application and decide whether it is eligible. It may be refused on relative or absolute grounds.

Absolute grounds include issues around a lack of distinctive character, or if the mark is descriptive. Relative grounds relate to a mark being identical or confusingly similar to an earlier mark.

They will search to ensure your trade mark is not identical or similar to other existing marks. If a similar mark is found, the application will not necessarily be refused. Instead, the examiner will issue a report.

If you proceed, the UKIPO will notify the owner of those marks once your application is published.

5. Publication and opposition #

If there are no objections (or once they have been resolved), the UKIPO will publish the details of the application in the trade marks journal. This is an official weekly gazette listing all newly accepted applications.

At this point, a third party may raise an objection (an ‘opposition’) to your filing if they believe they have a similar or identical earlier mark. The opposition period lasts for two months, but can be extended by a further month on request by a third party.

If this happens, you have the option to talk to the rights holder directly (and potentially negotiate a ‘co-existence agreement’), withdraw your application or defend your application legally.

Here, the expert advice and strategic guidance of a professional trade mark attorney is essential.

6. Registration #

If your application is not opposed within the opposition period, it will be registered approximately two weeks later. After this, you will be sent a certificate confirming the registration of the mark.

At this point, you have legal protection. You’ll be able to take action against infringers, use the ® symbol next to your brand and sell and license the brand.

How long does a trade mark last? #

Once registered in the UK, a trade mark can last indefinitely provided renewal fees are paid and the mark continues to be used.

This renewal fee is due 10 years after the initial filing date. It must be paid to keep the trade mark in force.

Can a trade mark be challenged after registration? #

Yes, a trade mark can be challenged after registration through an invalidity or revocation action in certain circumstances.

If a party can argue the trade mark should never have been registered (for example, if it was filed in bad faith), it could be ruled invalid.

An existing trade mark may also be challenged based on ‘non-use’ – if you do not use the mark during any continuous five-year period, it could be revoked.

How long does it take to register a trade mark in the UK? #

A straightforward trade mark registration process can take as little as three months – two weeks for UKIPO examination, two months for publishing in the journal and two weeks thereafter, if not opposed.

Complex cases involving oppositions will take longer. A negotiated settlement could be reached in less than a year, whilst a contested hearing involving multiple rounds of evidence may take several years.

Protecting your registered marks over the long term #

To maintain the value of a granted mark, you should actively police its use and ensure no applications by third parties infringe upon it.

A trade mark monitoring (or ‘watching’) service will monitor new trade mark applications to identify anything that might conflict with yours, giving you the opportunity to take early action.

The UKIPO will not automatically refuse a trade mark based on identical or similar earlier rights, so it is your responsibility to monitor applications and file a trade mark opposition if necessary.

This will ensure your reputation is not being taken advantage of and prevent the distinctiveness of your services or products from being diluted.

Can I register a trade mark myself? #

It is possible to self-file your trade mark applications, but it is not advisable.

According to research by Clarivate, 16% of self-filed UK trade mark applications were unsuccessful, compared to only 4% of those filed by a representative.

A professional trade mark attorney will advise in the early stages on the most appropriate type of mark, the eligibility of the mark and perform a thorough search to identify clearance issues.

A specialist will also provide strategic advice on how best to represent your mark and will ensure the application encompasses the correct classes of goods and services.

As mentioned, this is particularly important given you cannot add to the specification or broaden the scope of the mark after an application has been filed. Getting it right the first time is essential.

An attorney can also handle any objections, whether from the UKIPO or a third party during the publication stage.

Maximise your IP potential with Murgitroyd #

Looking to secure protection for your brand? Our award-winning team of trade mark experts can help.

We offer market-leading advice around trade mark registration, portfolio management and strategy.

Whichever assets you’re looking to protect, our team has the insight and sector expertise needed to future-proof your brand.

With a 22-office network and jurisdictional global reach, we can not only help to register your ideas in the UK, but further afield should you have overseas ambitions.

Talk to our trade mark specialists today.