Types Of Trade Marks In The UK: Which Should You Register?

Building a recognisable brand takes time and energy - and the right trade mark can make sure you’re the only one who reaps the rewards.

But here’s the catch: there isn’t just one “type” of trade mark. UK law allows a range of traditional and non‑traditional marks, from words and logos through to shapes, colours and sounds. Picking the right format (and filing it correctly) can make a big difference to how strong your protection is.

In this guide, we’ll explain the main types of trade mark under UK law, what can and can’t be registered, and how to decide the best route for your business - in plain English.

What Are The Main Types Of Trade Mark In The UK?

Under the Trade Marks Act 1994 and UKIPO practice, a trade mark can be any sign that distinguishes your goods or services from another business, provided it’s represented clearly and precisely on the register. Here are the main categories you’ll see in practice.

Word Marks

A word mark protects the text of your brand name or slogan without any stylisation. This is often the strongest, most flexible protection because it covers the word(s) in any font, colour or layout.

• Examples: “RAPIDWASH” for car washing services, “FRESH & LOCAL” for groceries.
• Best when: Your brand name is distinctive (i.e. not descriptive of the goods or services).

Figurative or Logo Marks

A figurative mark protects your stylised logo or graphic, with or without words. It’s registered as an image - the exact depiction you file defines your scope of protection.

• Examples: A unique emblem, a stylised letterform, or a graphic device.
• Best when: Your graphic device is memorable and you want to stop lookalike logos.

Combined Marks (Word + Device)

A combined mark protects your logo together with your brand name in a specific arrangement. It’s great if you use a lock‑up logo consistently, though it’s narrower than a pure word mark.

• Tip: Many brands file both a word mark and a logo to cover broader use.

Slogans

Slogans can be registered if they’re distinctive, not purely promotional or descriptive. Think of phrases that act as a badge of origin, not just marketing puff.

• Example: “JUST DO IT” (distinctive), not “THE BEST COFFEE IN TOWN” (descriptive).

Shape (3D) Marks

A shape of goods or packaging can be a trade mark if it isn’t dictated by the nature of the goods, necessary to obtain a technical result, or giving substantial value to the goods. Distinctiveness is the key challenge.

• Example: A unique bottle silhouette or confectionery shape with acquired distinctiveness.

Colour Marks

Single colours or colour combinations can be registered, but the bar is high. You’ll need a precise description and (usually) strong evidence that consumers recognise the colour as your brand (acquired distinctiveness).

Position And Pattern Marks

These cover the specific placement of a sign on a product (position) or a repeating pattern applied to a product or packaging (pattern). Again, distinctiveness is critical.

Sound, Motion, Multimedia And Hologram Marks

Non‑traditional signs can be registered if they’re represented in an acceptable format and are distinctive in the minds of consumers.

• Sound marks: submitted as audio files and musical notation.
• Motion marks: short video files showing movement of elements.
• Multimedia marks: a combination of image and sound.
• Hologram marks: files depicting the holographic effect.

Collective And Certification Marks

These are special categories under UK law.

• Collective marks: Owned by an association; members use them to show membership or shared characteristics.
• Certification marks: Indicate that goods/services meet specific standards (e.g. origin, material, mode of manufacture), controlled by the owner who certifies others’ use.

Series Marks (UK‑Specific)

UK law allows a “series” application covering 2–6 marks that resemble each other in their material particulars and differ only in non‑distinctive elements that don’t substantially affect the identity of the mark (for example, colour inversion or trivial variations). This can be cost‑effective when your variants are truly minor.

Unregistered “Get‑Up” And Passing Off (Not A Registered Type)

While not a registered trade mark type, UK businesses also rely on “get‑up” (overall look and feel) and the tort of passing off to protect unregistered rights. Passing off can help where you’ve built goodwill and another party misrepresents an association with your brand - but it’s harder and more expensive to enforce than a registered mark.

How To Choose The Right Type Of Trade Mark For Your Business

There’s no one‑size‑fits‑all. The right approach depends on how you actually use your brand and where your biggest risks lie. Here’s a simple framework.

1) Prioritise Distinctiveness

Distinctive marks are easier to register and defend. The spectrum runs roughly: invented or arbitrary terms (strong) → suggestive (good) → descriptive (weak) → generic (not registrable).

• Strong: Invented words (e.g. “ZYNORA”) or arbitrary words for your category (e.g. “RAINBOW” for bookkeeping).
• Weak: Descriptive terms (e.g. “FAST CAR WASH”) or common laudatory phrases (“PREMIUM QUALITY”).
• Generic: Common product names (“COFFEE”) - these can’t function as trade marks.

2) Cover How You Use The Brand In Real Life

If your name appears in text across your website, product labels and invoices, a word mark is a must. If your storefront and packaging lean heavily on a graphic device, add a logo mark. If you consistently use a lock‑up logo, consider a combined mark - but don’t rely on that alone if you also use the word independently.

3) Think About Future Variations

Brands evolve. Filing a word mark gives you more flexibility to refresh your visual identity later. If you expect slight logo tweaks (e.g. background colour or minor line weight changes), a series mark might help - but only where differences are genuinely minor.

4) Choose The Right Classes

Trade marks are registered against specific goods and services using the Nice Classification (45 classes). You must accurately describe what you offer today and what you realistically plan to offer in the next few years. Over‑ or under‑claiming can cause problems.

5) Run Clearance Searches Before You File

Always check for earlier conflicting rights. Start with identical and similar marks in the same classes, then expand to related classes and unregistered use. A practical first step is to scope your filing strategy with a Register a Trade Mark service that includes searches and tailored advice.

6) Budget For The Process

As a guide, you’ll pay official fees per class, plus professional fees if you use a lawyer (recommended for drafting specifications and handling examiner objections). For a cost breakdown and ways to save, see Trade Mark Registration Costs.

What Can’t Be Trade Marked Under UK Law?

Even if a sign fits one of the types above, the UK Intellectual Property Office (UKIPO) can refuse it if it hits one of these grounds under the Trade Marks Act 1994.

• Lack of distinctiveness: Descriptive or non‑distinctive signs (“TASTY BURGERS” for food services) are usually refused unless you prove acquired distinctiveness through use.
• Generic terms: Common product or service names (e.g. “SHOES” for footwear).
• Indication of kind/quality/quantity/purpose/value/geographic origin: “100% ORGANIC” for skincare, “MANCHESTER BAKERY” for a bakery.
• Customary in trade: Signs other traders commonly use.
• Contrary to public policy or deceptive: Misleading marks (e.g. “SILK” for polyester), or offensive content.
• Protected emblems: State symbols, flags, or emblems protected by international agreements, without consent.
• Shapes barred by statute: Shapes resulting from the nature of the goods, necessary to achieve a technical result, or giving substantial value to the goods.
• Conflicts with earlier rights: Earlier registered marks or unregistered marks with goodwill (passing off).

If your preferred mark is descriptive, consider re‑branding before investing in filing. Distinctive brands are stronger assets and cheaper to protect in the long run.

UK, EU And International Protection: Where To File

Since Brexit, UK protection and EU protection are separate. Think about where you trade now and where you plan to be in three to five years.

Register In The UK First (Usually)

If your main market is Britain, a UK national application via the UKIPO is a logical starting point. This establishes a core right you can build on, and prosecution is relatively efficient compared to many countries.

If you anticipate selling into the EU (or targeting EU customers online), consider an EU Trade Mark Application covering all EU member states via EUIPO. Note that an EU trade mark won’t protect you in the UK.

Use The Madrid System For Multi‑Country Coverage

The Madrid Protocol allows you to file a single international application (through WIPO) based on your UK application/registration and designate multiple countries or regions (including the EU, US, Australia, etc.). It’s an efficient route for multi‑jurisdiction filings. A tailored strategy via an International Trade Mark filing can help you decide which markets to include now vs later.

Timing And Priority

You’ll get a six‑month “priority” window from your first filing date to extend protection abroad while keeping that original date. This can be useful if you want to test the waters in the UK before committing to broader filings.

What About Symbols - TM And ®?

In the UK, you can use “TM” on an unregistered mark to signal you’re claiming it as a trade mark. Only use the ® symbol once your mark is actually registered for those goods/services. Misuse of ® on an unregistered mark is a criminal offence. If in doubt, brush up on using trade mark symbols correctly to stay compliant.

Managing And Commercialising Trade Marks

Once registered, your trade mark is a business asset. Protect it, use it, and make it work for you.

Use It Properly And Police The Market

• Use as registered: Use your mark in the form you registered (or in an acceptable variant) for the goods/services covered. Non‑use for five consecutive years can make your registration vulnerable to revocation.
• Monitor and oppose: Set up watches and review new filings that may conflict. Consider opposition or negotiation where appropriate.
• Keep your mark distinctive: Avoid using your brand as a generic noun or verb - it can weaken distinctiveness over time.

Extend Your Protection As You Grow

• New classes: If you expand product lines or services, file new applications covering the additional classes.
• New formats: If you introduce a sound, pattern or new logo with independent brand value, consider registering it.
• Abroad: File in new countries as you enter those markets or start targeting consumers there.

Commercialise With Licences And Assignments

Trade marks are commonly licensed to franchisees, distributors or collaborators. Get the terms right - what quality controls apply, how the mark can be used, and what happens if standards aren’t met. A tailored IP Licence helps you maintain brand integrity while generating revenue.

If you’re selling your business or transferring brand ownership within a group, you’ll need a formal IP Assignment to move title in the registered marks and associated goodwill. Don’t rely on informal emails - registrations must be updated with the UKIPO for the new owner to enforce effectively.

Align Trade Marks With Your Brand Architecture

Think about how your brand portfolio fits together. For example:

• House brand + sub‑brands: File a word mark for your house brand and key sub‑brands, plus logo marks for the main consumer‑facing identities.
• Product families: Protect the family name (word mark) and the flagship product names, at least in your core classes.
• Co‑branding: Agree upfront who owns what and who files - then lock this down in your collaboration or distribution contracts.

If you’re weighing up formats or classes, it can be helpful to get a short scoping chat via a Trade Mark Initial Consultation before you press go.

Practical Filing Tips

• Get the specification right: Draft clear, accurate descriptions. Overly broad or vague specs can lead to objections; overly narrow specs may leave gaps competitors can exploit.
• File early: First come, first served. If you’re about to launch, file now - not after your big PR push.
• Evidence of use: Keep dated records of use (packaging, screenshots, invoices). This can help in objections, oppositions, or proving acquired distinctiveness.
• Coordinate with other IP: Trade marks sit alongside copyright and design rights. When you license your mark, consider whether you also need to license accompanying artwork or software under the same IP Licence.

Key Takeaways

• There are multiple types of trade mark in the UK - from word and logo marks to shapes, colours, sounds and more. Start with a distinctive word mark where possible, then add logo or other formats that reflect how customers recognise your brand.
• Choose classes and draft your specification carefully. Cover what you do now and your near‑term plans, and avoid descriptive wording that undermines registrability.
• Some signs can’t be registered under the Trade Marks Act 1994 (e.g. descriptive, generic, deceptive, or conflicting marks). It’s often smarter to re‑brand early than fight a weak application.
• Plan your territories: UK, EU and other markets now or soon? Use a UK filing as your base, add an EU trade mark if you target EU consumers, or leverage the Madrid system via an international trade mark for multi‑country coverage.
• Use your marks properly, watch the market, and keep your registrations up to date. Commercialise safely with a robust IP Licence, and transfer ownership with an IP Assignment when needed.
• Budget for filings and maintenance. For an overview of fees and strategy trade‑offs, check Trade Mark Registration Costs, and consider getting help to register a trade mark correctly from day one.
• Only use ® once your mark is registered and for the goods/services covered. Stick to “TM” for unregistered use and make sure you’re using symbols correctly.

If you’d like tailored help choosing the right type of trade mark and filing strategy for your business, you can reach us on 08081347754 or team@sprintlaw.co.uk for a free, no‑obligations chat.