Need To Register Your Business Trademark? Here's How

Registering a trademark is an essential part of starting a business.

Having a registered trademark gives you full protection of your brand, builds trust with your customers, and gives you legal backup if someone tries to copy or steal your brand.

Some people might assume that simply registering their business will give them this protection. However, applying for a trademark is actually a completely separate process, so it’s crucial to complete this to ensure your brand is fully protected under intellectual property law.

Fortunately, the process is pretty straightforward. Below, we’ll explain what a trademark is, what it entails and how to register for one, step-by-step.

What is a trademark?

A trademark is a legally recognised piece of intellectual property used to identify and distinguish the source of goods or services from one party to another. In other words, it’s your brand’s signature – something that tells your customers “this is us”.

Trademarks can include things like your brand’s name, logo and slogan. It serves to protect you from anyone who might intend to copy or steal the intellectual property you’ve created for your business, and gives you the right to take legal action if someone attempts to do so.

Trademark vs passing off

Even if you haven’t registered a trademark, you may still be able to take action against someone who uses a similar business name or branding. This is known as passing off and protects the reputation (or “goodwill”) of your business over time. For this, you’ll have to prove that your brand has a strong reputation, that the other party has misled customers and that your business has been harmed as a result.

However, passing off is more complex and harder to enforce than a registered trademark, which offers clear protection by default.

How long does it take?

According to the government website, it takes around 3-4 months from application to get your trademark, assuming there are no complications.

Once your application passes the initial examination, your trademark is published in the UK Trade Marks Journal. From there, a two-month opposition period begins, during which time anyone can oppose your application if they believe it conflicts with their rights.

If no oppositions are filed – or if any are resolved in your favour – your trademark will be officially registered, and you’ll receive a registration certificate confirming your legal rights.

Trademarks vs patents vs copyright

While trademarks, patents and copyrights are all used to protect certain things, there are a few differences you should be aware of to ensure that you choose the right one for your business.

Trademarks are primarily used for logos and symbols – AKA things you want to be associated with your brand for its long-term reputation and longevity. They help customers instantly recognise your business and differentiate it from competitors.
Patents are mainly used to protect brand inventions, such as new products, processes or technical solutions. They also give you the exclusive right to make, use, or sell your invention for a set period (usually around 20 years), preventing others from copying or profiting from your business idea without permission.
Copyrights are automatic rights which protect original literature, artwork, music, photography, software code and even website content. They automatically apply as soon as the work is created, so there isn’t a need for registration.

Step-by-step registration process

Protecting your brand is a must, whether you’re starting out as a sole trader or operating under any other business structure.

But if you’re not sure where to begin, we’ll walk you through the main steps to register your trademark in the UK – making it easier for you to protect your business no matter what structure you operate under.

1. Define your trademark

First, you’ll need to determine exactly what you want to trademark. You can trademark things that clearly identify your brand – such as its name, logo, shape or even a sound, as long as they are distinctive and not too generic or descriptive. For example:

Google is a unique and invented word that’s now a household name
The Apple logo is a simple, recognisable apple with a bite taken out
L’Oreal’s “because you’re worth it” slogan that connects emotionally with customers
The unique shape of a Coca Cola bottle makes it recognisable among consumers
The Intel chime, which has become part of the brand’s signature identity

What can’t you trademark?

On the other hand, there are a few things that a trademark cannot contain. This includes:

Generic terms: for example, the word “milk” alone cannot be a trademark for a milk manufacturer
Generic images: for example, a photo of a diamond for jewellers, as it is a common symbol
Misleading or incorrect labels: such as using the word “vegan” for a food item that contains animal products
Immoral or offensive marks: this includes things like swear words or pornographic images – anything that’s considered offensive or against public policy
Official government symbols or flags: this can quickly cause confusion or misrepresentation

Tips for creating a strong trademark

A strong trademark is what protects your brand and helps you stand out in the market. Here are some quick tips on developing a trademark that’s memorable, distinctive and legally solid:

Be distinctive: choose a name, logo or slogan that stands out and hasn’t been used before. The more unique, the better protection you’ll get.
Avoid common words or phrases: steer clear of everyday terms that describe your product or service directly.
Do your research: before applying, check existing trademarks to make sure yours isn’t too similar to others.
Consider future growth: go with something that isn’t too narrow or tied to just one product or location, especially if you plan to expand your products or enter a new market.
Use it consistently: regularly and consistently using your trademark will strengthen your rights and help build brand recognition.

2. Explore the register

Next, you’ll need to check that a similar brand design doesn’t already exist – otherwise, your application will not be deemed as original and will fail at the first hurdle.

You can do this easily online through the government’s trademark register, which allows you to look for existing trademarked brands to see if any are similar to yours.

What if my trademark already exists?

If you find that your design has already been used, there are several options available. These include:

Checking if it’s still in commercial use: if a trademark hasn’t been issued publicly for five years or more, or is listed as expired, you can apply to have it revoked and then apply for the trademark as a new applicant.
Requesting permission from the owner: you’ll need a letter of consent from the owner to prove they’re happy for you to take or buy the trademark from them.
Change your classification (if possible): businesses that operate in a different industry are permitted to have similar trademarks.
Edit your trademark: to avoid this scenario, it’s a good idea to have a couple of different branding options available so you don’t get stuck.

3. Select your trademark classification

Now, it’s time to find your branding classification. In other words, this means selecting the class or category of goods and services your trademark will cover.

The Government has designed a specialist trademark searching tool to make this step easier.

There are currently 45 trademark classes used for classifying goods and services – 34 covering goods and products and 11 covering services. You can find what class your business’s products/services fall under here.

If you think your brand is applicable to several categories, then you need to register in all classes your company will operate in. Moreover, if you have similar versions of your trademark, you’ll need to make what’s called a “series application”, where you can register up to six marks at once, as long as the differences between them are minor.

4. Submit your application

Once you’ve gathered all the information you need, you’ll need to register online with the UK Intellectual Property Office to start the procedure, or send the TM3 form to apply via post.

When applying online, you’ll have two options: Standard or Right Start applications.

The Standard application is the most common route, meaning your application will be examined in detail by the UK IPO to check for any issues or conflicts before proceeding.
The Right Start application is a newer, faster option where your application is published early, and you get feedback from the IPO before full examination. This helps identify potential problems sooner, allowing you to address them early or withdraw your application if needed.

5. Address any feedback

After you submit your application, the IPO will review it and may issue feedback. This can include raising objections if your trademark is too similar to an existing one, isn’t distinctive enough, or falls under other grounds for refusal. For example:

If your trademark simply describes your goods/services, and doesn’t uniquely identify your brand.
A trademark that could mislead customers about the nature, quality, or origin of your goods/services.
Trademarks that include offensive or illegal content.
Trademarks that falsely suggest a product comes from a certain place (e.g. using the name “champagne” for sparkling wine that isn’t actually produced in the Champagne region of France).

Facing an opposition

If your application faces an opposition – where a third party formally objects to your trademark registration – you’ll be notified and given a chance to respond. Oppositions usually happen when someone believes your trademark infringes on their rights or could cause confusion in the marketplace.

In this situation, there are several legal options you can take. These include:

Negotiation with the opponent: this involves agreeing to limit how you use your trademark or signing a coexistence agreement so both parties can use similar marks.
Submitting evidence: you can show proof that your trademark is different enough, that it won’t confuse customers, or that the opposing party doesn’t have a strong case.
Requesting a hearing: if you can’t settle things, either side can request a formal hearing where a tribunal will make the final call.
Appealing decisions: if your trademark gets refused, you can appeal the decision within a certain time frame to try and get it overturned.

Trademark registration costs

There are two key forms involved in the trademark filing process: a standard application form and a renewal form. Both can be found on the government website.

First-time application

If this is your first time registering a trademark, you’ll need to pay £170 to register online, or £200 to do so via post.

For a Right Start application, the cost is £100, plus an extra £25 for each additional class to check if your application is eligible or not.

Standard trademark application (online): £17
Standard trademark application (post): £200
Right Start application: £100 (+£25 for each additional class)

Trademark renewal

If you’re renewing an existing trademark, you’ll need to pay £200 for a single class business, plus £50 for for each additional class. Trademarks also need to be renewed every 10 years.

Trademark renewal (single class): £200
Trademark renewal (per extra class): £50

Can you register a trademark for free?

There is no way to legitimately register a trademark for free.

If you see any third-party provider claiming to offer this service at zero cost, then it’s either likely a scam or they’ll charge hidden fees later on. Intellectual property is not an area where you should scrimp and save.

Skipping this process invites many risks, including the seizure of your products or marketing materials. Compared to this outcome, getting your trademark registered is definitely worth the investment.

Should you pay for a third-party trademark registration service?

You might want to consider hiring a solicitor or trademark attorney if:

Your brand is particularly complex or includes multiple marks or classifications
You operate internationally and plan to file in multiple jurisdictions
You’re concerned about potential opposition or need help navigating objections

However, we’d only advise using a third-party for these specific cases. That’s because costs typically range between £600-£1,000 – plus value-added tax (VAT) – to register a trademark in one class. If more than one class is required, this can cost as much as £150 (+VAT) per additional class.

Using trademark symbols

In the UK, there are two main trademark symbols:

™ (TM): used to show you’re claiming rights to your brand’s name, logo or slogan. You can use it even if you haven’t officially registered your trademark yet.
® (R): you can only use this symbol once your trademark is officially registered. Using it without registration is illegal and can lead to penalties.

Next step: using your trademark

Once your trademark is registered, it’s time to put it to good use. Here are a few key things you should do next to ensure that your brand stays protected, recognised and ready to grow.

✅Use it consistently

Use the ® symbol next to your trademark to show that it’s officially registered. This lets others know your brand is legally protected – and helps deter copycats.

Don’t forget – you can only use the ® symbol when your trademark is officially approved.

✅Update your brand assets

Make sure your business website, marketing materials, signage and social media accounts all reflect your trademark consistently. This will both strengthen your right and build on your brand’s recognition.

✅Monitor your trademark

You’ll need to keep an eye out for any other businesses using similar names, logos or slogans. To do this, you can set up Google Alerts or use a trademark watch service to stay on top of any potential infringement.

✅Enforce your rights (if needed)

If someone starts using something that’s too close to your trademark, you’re well within your rights to send a cease and desist letter or take legal action. Hiring a solicitor or trademark attorney can help with the procedure.

Don’t forget – trademarks in the UK last for 10 years, so you’ll need to renew yours when needed in order to maintain protection.

✅Expand protection (if needed)

As your business grows, you might want to register your trademark in other countries if you plan to enter a new market or cover new product/service categories. In this case, you’ll need to file separate applications in each country or use an international system like the Madrid Protocol to streamline the process.

Conclusion

Registering your trademark isn’t just a box-tixing exercise – it’s a crucial step in protecting the identity, value and future of your brand.

From giving you legal ownership to helping you stand out in a crowded market, it’s an investment that pays off in both peace of mind and long-term business growth.

By following the steps above, you’ll not only lock in your rights but also build a brand that people recognise, trust, and remember – now and in the years to come.

How to register a trademark in the UK: step-by-step guide

Our experts

Written and reviewed by:

This article will cover:

What is a trademark?

Trademark vs passing off

How long does it take?

Step-by-step registration process

1. Define your trademark

What can’t you trademark?

2. Explore the register

3. Select your trademark classification

4. Submit your application

5. Address any feedback

Facing an opposition

Trademark registration costs

First-time application

Trademark renewal

Should you pay for a third-party trademark registration service?

Next step: using your trademark

✅Use it consistently

✅Update your brand assets

✅Monitor your trademark

✅Enforce your rights (if needed)

✅Expand protection (if needed)

Conclusion

Written by:

Leave a comment

Our experts

Written and reviewed by:

This article will cover:

What is a trademark?

Trademark vs passing off

How long does it take?

Step-by-step registration process

1. Define your trademark

What can’t you trademark?

2. Explore the register

3. Select your trademark classification

4. Submit your application

5. Address any feedback

Facing an opposition

Trademark registration costs

First-time application

Trademark renewal

Should you pay for a third-party trademark registration service?

Next step: using your trademark

✅Use it consistently

✅Update your brand assets

✅Monitor your trademark

✅Enforce your rights (if needed)

✅Expand protection (if needed)

Conclusion

Written by:

Leave a comment

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