UK Trade Mark Registration — Practical Guide

Registering your trade mark with the UK Intellectual Property Office (UK IPO) gives you the exclusive right to use your brand name, logo, or slogan for the goods and services you register. After Brexit, the UK register is entirely separate from the EU — protection in one territory does not extend to the other.

1. What can be registered as a UK trade mark?

A trade mark can be almost any sign capable of distinguishing your goods or services from those of others:

• Words — brand names, trading names, product names, slogans
• Logos and device marks — stylised letters, graphics, images
• Combined marks — word + device together
• Shapes — distinctive 3D product shapes (e.g. the Coca-Cola bottle)
• Colours — a specific colour used as a brand identifier (very high bar — must have acquired distinctiveness)
• Sounds — jingles or distinctive audio (submitted as audio file)

What cannot be registered:

• Descriptive marks — terms that describe the goods/services directly (e.g. "Fresh Bread Bakery")
• Generic terms — words that are the common name for the product
• Misleading marks — anything likely to deceive the public as to origin, nature, or quality
• Offensive marks — contrary to public policy or accepted principles of morality
• Marks similar to earlier registered marks in the same or similar class — relative grounds refusal

2. The UK IPO after Brexit

Since 1 January 2021, the UK has operated its own independent trade mark system through the UK IPO, entirely separate from the European Union Intellectual Property Office (EUIPO). Key implications:

• A new UK trade mark application covers only the United Kingdom (England, Wales, Scotland, Northern Ireland)
• A new EU trade mark (EUTM) covers the 27 EU member states but not the UK
• EU trade marks registered before exit day were automatically cloned as UK Comparable Trade Marks — these are now independent UK registrations
• If you need both UK and EU protection, you must file separately in both registries

3. Nice Classification — choosing your classes

Trade marks are registered for specific goods and services organised under the Nice Classification system (45 classes). You pay per class, so choose carefully:

Filing in unnecessary classes wastes money and may attract opposition from mark holders in those classes. Getting the class specification right is one of the key reasons to engage a trade mark attorney.

4. Application process and fees

1. Clearance search — before filing, search the IPO database, Companies House, and online for conflicting marks
2. Online application at gov.uk/topic/intellectual-property/trade-marks — £170 first class, £50 each additional class
3. Examination — the IPO examines on:
   • Absolute grounds: is the mark inherently distinctive and registrable?
   • Relative grounds: does it conflict with earlier registered marks?
4. Publication — if no objection, the mark is published in the Trade Marks Journal
5. Opposition period — 2 months for third parties to oppose
6. Registration — if unopposed, the certificate of registration is issued

Timeline: Approximately 4 months from filing if no objections or opposition. Objections and oppositions can extend this to 12–18 months or more.

5. Duration and renewal

A UK trade mark lasts 10 years from the filing date and can be renewed indefinitely every 10 years. The renewal fee is the same as the initial application fee (£170 per class online). Failure to renew means the mark lapses and becomes available to others.

A mark can be revoked if it is not put to genuine use within 5 years of registration, or use lapses for any uninterrupted period of 5 years — a defence known as "non-use revocation".

6. Unregistered trade marks — ™ vs ®

Even without registration, you may have some protection through the common law tort of passing off if you can demonstrate:

• Goodwill — your brand has a reputation among customers
• Misrepresentation — the other party has misled or is likely to mislead customers
• Damage — you have suffered or are likely to suffer loss

Passing off is significantly harder and more expensive to enforce than a registered trade mark. Registration is strongly recommended for any brand with commercial value.

• ™ — can be used by anyone claiming trade mark rights, registered or not
• ® — reserved for registered marks only; using it on an unregistered mark is a criminal offence (fine under s.95 Trade Marks Act 1994)

7. International registration — Madrid Protocol

If you need trade mark protection outside the UK, the most cost-effective route for multiple territories is the WIPO Madrid Protocol. You must have a pending or registered UK application as a "base" mark, then designate the countries or regions you want protection in through a single international application filed via the UK IPO.

• Available in 130+ countries
• Single application, single filing fee (varies by territory)
• The EU (all 27 member states) counts as one designation under Madrid
• If the base UK mark lapses within 5 years of the international registration date, the international registration is also cancelled ("central attack")

Trade mark registration checklist

• Conduct a full clearance search before filing
• Choose only the classes you genuinely use or plan to use
• File online through gov.uk for the lowest official fees
• Consider engaging a trade mark attorney, especially for logo marks or multiple classes
• Use ™ (not ®) until registration is confirmed
• Diarise the 10-year renewal date
• If entering EU or US markets, file separately — UK registration does not extend internationally

Frequently asked questions

Related guides and tools

• Intellectual Property for UK Businesses
• Business Sale and Exit Planning
• Trade Mark Cost Estimator