Article summary:

• There are several steps in acquiring a trademark in the UK
• Before applying, it is essential to check that no trademark that is the same or similar has already been registered
• There is an option to make a Right Start trademark application as a lower initial fee whereby the IPO will check the trademark database before you apply fully 
• A single trademark application currently costs £170 for one class, and an additional £50 for each further class
• Your trademark application will be published in the public trademarks journal for 2 months during which objections can be raised by existing trademark holders who believe your application may infringe their IP rights (e.g. if it is too similar to their trademark)
• Any objections must be resolved before your trademark can be registered
• If approved, your trademark will last for 10 years. 

If you are ready to trademark your brand in the UK, there are a number of steps that you will need to follow to ensure you have the legal protection you require. This is an important and often exciting stage in brand development and one that really must be done correctly. The law relating to registered trade marks is in the Trade Marks Act 1994 (TMA), which implemented the 2008 Trade Marks Directive (2008/95/EC) and the 2015 Trade Marks Directive (2015/2436). It is the role of the Intellectual Property Office (IPO) in the UK to oversee the UK trademark register. In this article, we will explain how to register your brand’s words, sounds, logo, or colours with the registrar of trademarks in the UK.

Step 1 – Check whether you can register your trademark

In accordance with the TMA, you can trademark words, sounds, logos, colours, or any combination of any of these with the IPO. You cannot trademark, however, anything that:

• Is the same or similar to an existing trademark of another business that sells the same goods or services – see below
• Is offensive
• Describes the goods or services it will relate to 
• Is misleading
• Is too common and non-distinctive
• Is a generic shape associated 
• Make use of national flags without the necessary formal permission, or
• Includes official emblems or hallmarks such as coats of arms

To check where there is an existing trademark that is the same as or similar to the one you wish to register, we recommend searching the trade marks database. Alternatively, you can use the Right Start application process for a fee of £100 whereby the IPO will check the database for you.

Step 2: Gather the details needed for your trademark application

Trademark applications are typically submitted online, however, if this is not possible, you can apply by post. Before you fill in the application form, it is important to gather the details necessary to support your registration. To apply, you will need details of the following to hand:

• The trademark you wish to register with the IPO (i.e. the specific words, colours, or logo)
• Who will own the trademark if it is granted (this can be a person or business), and
• The ‘classes’ and ‘terms’ that relate to your products and/or services 

It is also possible to register several versions of the same trade mark by submitting what is referred to as a ‘series application’. A series application allows you to trademark up to 6 different versions at a lower cost than submitting separate applications. 

Step 3: Complete the online trademark application form

Having finished your homework in steps 1 and 2, you are now in a position to apply to the IPO for your trademark online. This can be done by the trademark owner or the legal representative on their behalf. You will be asked to provide your name and address. It is important to remember that these details will be available publicly, however, you have the option to use a PO box number if you are concerned about using your own personal address. 

You will need to pay the required fee as part of the application process. A single trademark application currently costs £170 for one class, and an additional £50 for each further class. If you use the Right Start process, and your application meets the rules for registration after the IPO’s check, you will need to pay a further £100 to have the process completed. 

Step 4: Wait for your trademark registration application to be processed

Around 2 weeks after you have submitted your trademark registration request, you can expect to receive an ‘examination report’ which will set out whether there are any issues with your application. If so, you will then have a period of 2 months during which you can resolve them. 

Once the IPO is satisfied that there are no remaining issues with your application, it will be published in the trade marks journal for 2 months. The trade marks journal is published each Friday and includes accepted UK trade mark and international trade mark applications, including the UK.

The purpose of placing your application in the public journal is to give anyone with a legitimate concern time to ‘oppose’ your trademark application. If this happens, the IPO will inform you of the objection. You can then either:

• Resolve the dispute by speaking directly to the person making the objection
• Withdraw your application, or
• Defend your application legally 

Once any objections have been resolved, your application will be approved by the IPO. If there were no objections in the first place, you can expect your trademark to be registered by the IPO in around 10 weeks from the date of publication in the trade marks journal. At this point you will receive your trademark certificate which will allow you to lodge objections to other trademarks that you believe infringe your rights. 

Trademarks last for a period of 10 years and can be sold and licensed.

Get expert legal for your IP matter 

Registering a trademark in the UK requires planning and research before you proceed with an application to the IPO. An Intellectual Property Solicitor can handle the process on your behalf while you focus on other aspects of your business and recommend how you can fully protect your interests. If speed is of the essence in your application, your Solicitor will avoid the likelihood of any delays or omissions that may weaken your legal position; both factors that can confer considerable commercial advantage.

To instruct one of our IP Law Solicitors, please fill in our contact form or email us at [email protected]