Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
You’ve put real time (and money) into building your brand - your name, your logo, your packaging, your online presence. The last thing you want is to grow momentum, only to find someone else using something confusingly similar (or worse, registering it before you do).
Trade mark protection is one of the most practical ways to lock in your brand identity and reduce the risk of copycats as you scale. But if you’ve never dealt with it before, the process can feel surprisingly technical.
In this guide, we’ll walk you through how to trademark your brand name or logo in the UK, what to prepare, what the UK Intellectual Property Office (UKIPO) looks for, and the common pitfalls we see small businesses run into.
What Is A Trade Mark (And What Can You Actually Register)?
A trade mark is a legal right that protects signs that distinguish your goods or services from other businesses. In practice, it’s often:
- a brand name (word mark)
- a logo (figurative mark)
- a slogan
- a product name or service name
- packaging elements (in some cases)
Most small businesses start by registering either:
- the name (because it covers the words regardless of font/style), and/or
- the logo (because it covers that specific design)
Trade marks are primarily governed by the Trade Marks Act 1994 in the UK. Once registered, you can use the ® symbol. However, using ® before your mark is registered is a criminal offence in the UK, so it’s important to wait until registration is confirmed.
Trade Mark Vs Company Name Vs Domain Name
This is a common “wait… aren’t we already protected?” moment.
- Registering a company at Companies House doesn’t automatically give you trade mark rights over that name.
- Buying a domain name doesn’t stop others from using the same name as a trade mark.
- Social handles don’t create trade mark rights either.
A registered trade mark is usually the strongest, clearest form of brand protection because it gives you exclusive rights to use that mark for the goods/services you register it for, and it can make enforcement and proving ownership (including to online platforms) much simpler.
As your brand grows, you’ll often also want to line up the legal basics that support commercial expansion - for example, having enforceable online terms can matter a lot if you sell online via your own website, so a Website Terms and Conditions can be an important companion document to your IP strategy.
Why Trade Marking Early Matters For Small Businesses
Many founders only look into trade marks after they’ve already built a customer base. That’s understandable - there’s always something more urgent.
But trade marking early can save you serious cost and disruption later. Here’s why:
- You reduce rebrand risk if another business objects to your name later.
- You strengthen your position with investors or partners, because your brand becomes an owned asset.
- You can more confidently spend on marketing knowing the name/logo is protected.
- You make it easier to stop copycats (and to show platforms proof of ownership where takedown or enforcement processes require it).
- You can license the brand or franchise later with clearer rights.
It’s also worth knowing that if you don’t register a trade mark, you may still have some protection through the common law action of passing off. However, passing off claims are usually more complex and evidence-heavy (you typically need to show reputation, misrepresentation, and damage). For most small businesses, registering is the cleaner route.
How To Trademark In The UK: Step-By-Step (What To Do Before You Apply)
If you’re wondering how to register a trademark, the short answer is: you file an application with the UKIPO and (if accepted and not opposed) you get a registration.
The longer (and more useful) answer is that your preparation before you hit “submit” often determines whether the process goes smoothly.
Step 1: Decide What You’re Registering (Name, Logo, Or Both)
Start by being clear on the asset you want protected:
- Word mark (brand name): protects the words, regardless of font or colour.
- Logo mark: protects that specific design (so if you rebrand your logo later, you may need a fresh application).
For many businesses, registering the name is the highest priority. If you have a distinctive logo that appears everywhere (packaging, signage, social profiles), you might register that too.
Step 2: Check Your Mark Is Distinctive (And Not Too Descriptive)
UKIPO can refuse marks that are:
- purely descriptive (eg describing the goods/services)
- generic for the industry
- misleading (eg suggesting characteristics your product doesn’t have)
- contrary to public policy or otherwise restricted
A practical test: if the name simply tells customers what you sell, rather than identifying you as the source, it can be harder to register.
Step 3: Do A Trade Mark Search (This Step Is Non-Negotiable)
Before you apply, you should check whether similar trade marks already exist.
This helps you avoid:
- paying fees for an application that’s likely to be refused
- choosing a name that triggers an opposition from an established brand
- building a brand you later need to change
You’ll want to search the UK trade marks register for:
- identical marks
- similar marks (including similar spelling, sound, or meaning)
- marks registered in related classes (more on classes below)
This is one of those areas where getting tailored advice can be a smart investment - trade mark similarity isn’t always obvious, and it isn’t only about exact matches.
Step 4: Choose The Right Classes (This Is Where Many Applications Go Wrong)
Trade marks are registered in “classes” under the Nice Classification system. Your rights apply to the goods/services you select.
For example, a business might need classes covering:
- physical goods (eg cosmetics, clothing, food products)
- digital products (eg software)
- services (eg marketing services, education, consultancy)
This step matters because:
- too narrow, and you may not be protected where you actually trade (or plan to expand)
- too broad, and you can face objections or increased costs - plus you should only claim what you genuinely intend to use
If you’re unsure, it’s common to map your revenue streams first (current and planned), then align each stream to the appropriate classes.
How Do I Register A Trademark With UKIPO? (The Application Process)
Once you’ve done the groundwork, the filing itself is relatively straightforward. Here’s how it usually works.
Step 1: Submit Your Application
You apply online through UKIPO. You’ll need to provide:
- the mark (wording and/or image)
- the owner details (individual, company, partnership, etc.)
- the classes and specifications (what goods/services the mark covers)
- payment of the application fee
Tip: Make sure the legal owner is correct from the start (for example, your limited company rather than you personally). Getting this wrong can create admin issues later - especially if you’re bringing on co-founders or investors and need your ownership records clean.
If you’re still forming your business and sorting out ownership and decision-making, it can also help to get your internal documents right early, including your Company Constitution and (where relevant) a Shareholders Agreement, so everyone’s clear on who owns what as the brand grows.
Step 2: UKIPO Examination
UKIPO will examine your application for “absolute grounds” (eg distinctiveness issues) and will also search for earlier marks and report potential conflicts.
UKIPO may:
- accept the application
- raise objections (and give you a chance to respond)
- partially accept (eg accept only some classes/specifications)
If objections come up, you can sometimes overcome them by adjusting your specification, providing arguments, or (in some cases) evidence of acquired distinctiveness.
Step 3: Publication And Opposition Period
If the application passes examination, it’s published in the Trade Marks Journal.
Other parties then have a window to oppose the application (often because they believe your mark is too close to theirs for similar goods/services).
This is one reason doing a solid search upfront matters - oppositions can cost time and legal fees to resolve.
Step 4: Registration And Certificate
If there’s no opposition (or any opposition is resolved in your favour), the trade mark is registered and you’ll receive a registration certificate.
At this point, you generally have the right to use ® and you can rely on your registration as evidence of ownership.
Registering A Brand Name Or Logo: Costs, Timing, And Practical Tips
Most business owners want to know two things: how much does it cost, and how long does it take?
How Much Does It Cost To Register?
UKIPO fees depend on how many classes you apply for. There’s usually a base fee for one class and an additional fee per extra class.
Your overall cost may also include professional support if you choose to get advice on:
- searching and risk assessment
- drafting the goods/services specification
- responding to objections
- handling oppositions
If you want help balancing protection and cost, chatting to an Intellectual Property Lawyer can make the process far less stressful - especially if your brand is core to your business value.
How Long Does It Take?
If everything runs smoothly (no objections or oppositions), UK trade mark registration is often completed in around 4 months. Delays can happen where:
- UKIPO raises an objection and you need to respond
- another party opposes the application
- your classes/specification need reworking
If your brand launch is time-sensitive, it’s worth applying early (ideally before major marketing spend) so you’re not racing the clock later.
Should You Register In The UK Only, Or Internationally Too?
If you’re only trading in the UK right now, a UK trade mark may be enough as a starting point.
But if you’re planning to expand, you might consider:
- EU protection (if you expect EU sales or distribution)
- international applications via the Madrid system (based on your UK mark)
The right approach depends on where your customers are (or will be), where you manufacture, and where your competitors operate.
What Happens After Registration? Using, Renewing, And Enforcing Your Trade Mark
Registering is a big milestone - but it’s not the end of the story. To keep your trade mark valuable, you should treat it like a living business asset.
Use The Mark Consistently
Use your trade mark consistently across:
- your website and marketing materials
- packaging and product labels
- customer communications and invoices
- social channels
If you’re collecting customer data through your website (email lists, account sign-ups, analytics tools), make sure you also have a compliant Privacy Policy in place. Trade marks protect the brand - privacy compliance protects the business behind it.
Renew On Time
In the UK, trade marks can be renewed (usually every 10 years). Missing renewal deadlines can put your protection at risk.
Put renewal dates into your compliance calendar and assign internal responsibility, especially if you manage multiple brands or product lines.
Monitor For Infringement
Trade mark rights are enforceable, but enforcement is often up to you. Consider:
- periodically searching for similar new marks
- monitoring marketplaces and social media for copycats
- setting internal guidelines for brand use (especially if you work with freelancers or agencies)
If you do spot a potential issue, early action is usually easier than waiting until a competitor has built a presence.
Use Clear Contracts When Others Use Your Brand
If a designer, developer, marketing agency, or manufacturer is using your brand assets, make sure the relationship is contractually clear (including IP ownership and permitted use).
And remember: the strength of your brand protection often depends on your paperwork being enforceable - if you’re ever negotiating brand deals, sponsorships, collaborations, or reseller arrangements, it helps to understand what makes a contract legally binding so you don’t accidentally rely on shaky terms.
If you’re ready to formalise the process, you can also explore a Trade Mark Application with the right support so the filing matches your business goals (and not just a generic template approach).
Key Takeaways
- Trade marks protect your brand name, logo, and other distinctive signs - and they’re different from registering a company name or buying a domain.
- If you’re figuring out how to trademark in the UK, start with preparation: decide what to register, check distinctiveness, search for conflicts, and choose the right classes.
- To answer “how do I register a trademark?” - you apply through UKIPO, go through examination, publication, and (if not opposed) registration.
- Choosing the correct classes/specification is one of the most important (and most commonly misunderstood) parts of registering a brand name or registering a logo trade mark.
- Once registered, you should use the mark consistently, renew it on time, and actively monitor/enforce your rights to keep the trade mark valuable.
- Trade mark strategy often works best alongside strong business foundations, including clear ownership structures and enforceable contracts.
If you’d like help protecting your brand and handling the trade mark process with confidence, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.


