How to Register a Trade Mark in the UK: Process, Costs and Common Mistakes

You register a trade mark by applying to the UK Intellectual Property Office, choosing the right classes and passing examination and a two-month opposition period. The fee is £205 online for one class and protection lasts ten years.
Key points
- The official fee from 1 April 2026 is £205 for an online application in one class, plus £60 for each extra class; renewal after ten years costs £245.
- Descriptive words, functional shapes and signs that are deceptive or filed dishonestly are refused; a distinctive invented word or logo is far easier to register.
- Search the register before you file, choose the right Nice classes, and apply in the name of the business that will actually use the mark.
- After examination the mark is published and anyone can oppose within two months, extendable to three; an unopposed mark registers about three to four months after filing.
- Only a registered mark may carry the R symbol; using it on an unregistered mark is an offence under section 95 of the Trade Marks Act 1994.
- A simple single-class application can be filed without help, but borderline marks, several classes, foreign filings and oppositions justify a trade mark attorney or IP solicitor.
You register a trade mark in the UK by applying to the UK Intellectual Property Office (IPO), the government body that keeps the register. The official fee from 1 April 2026 is £205 for an online application covering one class of goods or services, plus £60 for each extra class, and if nobody objects the mark is usually registered about three to four months after you apply and then lasts ten years before it needs renewing. This guide explains what the IPO will and will not accept, how to search the register and pick classes, the examination and opposition stages, what registration gives you, how to extend protection abroad, and when it is worth paying a solicitor or trade mark attorney rather than filing yourself.
What can be registered as a trade mark
A trade mark is a sign that tells customers that goods or services come from one business rather than another. Words, logos, slogans, colours, shapes and sounds can all be registered if they can be represented clearly on the register and distinguish your goods or services from everyone else's. The governing law is the Trade Marks Act 1994, and most refusals rest on the "absolute grounds" in section 3.
The commonest problem is distinctiveness. A mark that simply describes what you sell, where it comes from or how good it is cannot be monopolised: nobody can register "Fresh Bread" for a bakery or "Leeds Plumbing" for a plumber in Leeds. Terms customary in the trade, laudatory words such as "premium" and ordinary surnames with nothing added fail for the same reason, while a made-up word, an arbitrary word used for unrelated goods or a distinctive logo is far more likely to succeed.
Shapes get special treatment: the IPO will not register a shape that results from the nature of the goods, is needed to achieve a technical result or gives the goods substantial value. Marks that are deceptive, contrary to public policy or morality, or filed dishonestly (for example to block a rival you know is already using the name) are also refused. A descriptive sign can be accepted if you prove it has acquired distinctiveness through long use, but the evidence needed is substantial.
Before you apply: search and choose your classes
Search first. Use the IPO's free search tools to look for identical and similar marks covering similar goods or services, and check Companies House, domain names and the web, because an earlier trader who never registered can still stop you under the law of passing off. If a close match exists, change the name now rather than after you have printed signage.
Choose your classes. Every application lists the goods or services the mark will cover, grouped into the 45 classes of the Nice Classification: 34 for goods and 11 for services. Clothing sits in class 25, downloadable software in class 9, a café in class 43 and business consultancy in class 35. Protection extends only to the classes and terms you list, so cover what you will sell over the next few years, but do not pad the list: each class beyond the first costs £60, invites more objections, and a mark not genuinely used for the goods it covers within five years of registration can be revoked for non-use under section 46. Use the IPO's pre-approved terms where you can; they are less likely to be queried.
Decide who owns it. Apply in the name of the business that will use the mark: the company if you trade through one, you personally if you are a sole trader. Getting this wrong is awkward to fix when a business is sold or investors arrive, so settle the question of sole trader versus limited company before you file.
The application process step by step
- Apply online. Form TM3 asks for the applicant's details, a clear representation of the mark, the classes and the goods or services, and you pay on filing. The IPO also offers a Right Start option, which lets you pay part of the fee at the outset and the balance only if you continue after seeing the examination report; the IPO's fee list sets out the current split, which comes to more than a standard application overall.
- Examination. An examiner checks the application against the absolute grounds, usually within two to three weeks, and searches for earlier marks. Any objection arrives in an examination report with a deadline for your reply, normally two months and extendable on request. Since October 2007 the IPO has not refused applications because of earlier marks it finds; it notifies the owners of those marks, who decide whether to oppose.
- Publication and opposition. If the application passes it is published in the Trade Marks Journal, and anyone with earlier rights has two months to oppose, extendable to three months by filing a notice of threatened opposition (form TM7A, no fee). A formal opposition on form TM7 costs the opponent £125 if it relies only on an identical or confusingly similar earlier mark under section 5(1) or 5(2), or £250 on wider grounds.
- Registration. If no opposition is filed, or one is resolved in your favour, the mark is registered about two weeks after the opposition period closes and you receive a certificate. Protection runs from your filing date.
How much it costs and how long it takes
The IPO's fees rose on 1 April 2026 for the first time in many years. The current official figures for a straightforward application are:
- £205 to apply online for one class, or £250 on paper.
- £60 for each additional class included in the application.
- £245 to renew after ten years, plus £60 for each extra class renewed, and £125 to restore a mark that has lapsed.
- £125 or £250 to oppose someone else's application, depending on the grounds; nothing for a notice of threatened opposition or for defending one.
An unopposed application typically takes three to four months from filing to registration: two to three weeks for examination, two months for publication and opposition, and a couple of weeks to register. An objection at examination can add months, and a contested opposition can take a year or more to decide, so file early with a clearly distinctive mark and pre-approved terms.
After registration: using, renewing and protecting the mark
You may put the TM symbol on any sign you claim as a trade mark, registered or not. The R in a circle is reserved for registered marks, and under section 95 of the Trade Marks Act 1994 it is a criminal offence to represent a mark as registered when it is not, so do not add it while your application is pending.
A UK registration lasts ten years from the filing date and can be renewed every ten years indefinitely at £245 plus £60 per extra class. Miss the renewal date and there is a six-month grace period with an additional fee, then a restoration application that is not guaranteed.
Use the mark for the goods and services it covers. If it has not been genuinely used in the UK for five years anyone can apply to revoke it. Since 1 January 2026 this UK-use rule has applied in full to the comparable UK marks created from EU registrations at the end of the Brexit transition period: use in the EU alone no longer keeps them alive.
Registration lets you stop others using an identical or confusingly similar sign for identical or similar goods or services. Most disputes begin with a solicitor's letter, but be careful about threatening retailers or customers rather than the manufacturer, because the law penalises unjustified threats. If a letter fails, the usual forum is the Intellectual Property Enterprise Court (IPEC), which has a small claims track for claims worth up to £10,000 and, on its main track, caps damages at £500,000 and the costs a loser pays at £60,000 for the liability stage.
Protecting your mark abroad
A UK registration protects you only in the United Kingdom. Since the end of the Brexit transition period a new UK mark gives you nothing in the EU, and an EU trade mark registered at the EU Intellectual Property Office gives you nothing in the UK, so businesses trading in both file in both.
For wider coverage the Madrid system, run by WIPO, the United Nations intellectual property agency, lets you use your UK application or registration as the base for one international application designating the countries you choose, including the EU as a whole. The IPO charges £50 to forward it (form MM2) and WIPO charges its own fees in Swiss francs, which depend on the countries and classes selected. File abroad within six months of your UK filing date and you can claim priority, so the foreign applications are treated as filed on the UK date.
Common refusals, oppositions and mistakes
- Choosing a descriptive name. "The Vegan Bakery" will be refused or, if accepted with a logo, protect only the logo. Pick a name that says nothing about the product.
- Skipping the search. The IPO tells earlier owners about your application, so a near-identical earlier mark means a probable opposition and a wasted fee.
- The wrong applicant. Filing in the founder's name when the company trades, or the reverse, causes problems on a sale or an investment round.
- Too many or too few classes. Padding invites objections and non-use attacks; too few means refiling later at full cost with a later filing date.
- Ignoring correspondence. Deadlines in examination reports and opposition proceedings are strict, and a missed deadline can end the application.
- Paying scam invoices. After publication, applicants receive official-looking demands from private "registers". The only fees you owe are to the IPO.
Do you need a solicitor or trade mark attorney
Many small businesses file a single-class word mark themselves. If your name is clearly distinctive, your search found nothing similar and you are comfortable choosing pre-approved terms, filing yourself is realistic.
Professional help earns its fee when the mark is borderline on distinctiveness, when the search turns up similar marks, when you need several classes or countries, or when an opposition arrives. Two kinds of professional do this work: chartered trade mark attorneys, regulated by the Intellectual Property Regulation Board (IPReg), and intellectual property solicitors, regulated by the Solicitors Regulation Authority (SRA). A solicitor is the natural choice where the mark is one part of a wider matter such as a business sale or shareholder arrangement, a licensing deal or litigation.
Filing work is usually a fixed fee: a straightforward single-class UK application is commonly priced at a few hundred pounds plus VAT on top of the official fee, with a further charge for each additional class, while clearance searches, responses to objections and opposition work are quoted separately and more often billed by the hour. Ask what the fee includes, whether the IPO fee is extra and what happens if an objection is raised. To compare local firms, search IP solicitors in London, browse solicitors in Manchester or use the solicitors near me search. A trade mark covers your name and logo; the guide to UK copyright law covers your designs, text and software, and a non-disclosure agreement is worth having before you discuss an unlaunched brand with designers or manufacturers.
Frequently asked questions
Can I register a trade mark myself without a solicitor?
Yes. The IPO's online service is designed for applicants without a lawyer, and a distinctive word mark in one class with pre-approved terms is a realistic DIY job. The risks are choosing a name that is descriptive or too close to an earlier mark, picking the wrong classes, and mishandling an objection or opposition. If any of those applies, a fixed-fee review by a trade mark attorney or IP solicitor before filing is usually cheaper than a refused application.
How long does UK trade mark registration take?
About three to four months if nothing goes wrong: examination takes two to three weeks, publication opens a two-month opposition window (which an objector can stretch to three months), and registration follows roughly two weeks after that window closes. An objection in the examination report or a formal opposition can add many months. Your rights run from the filing date once the mark is registered, so delay in the process does not cost you priority.
What is the difference between the TM symbol and the R symbol?
TM simply signals that you treat a sign as your trade mark; anyone can use it, registered or not, and it has no formal legal effect in the UK. The R in a circle means the mark is on the register. Using it on an unregistered or still-pending mark is an offence under section 95 of the Trade Marks Act 1994, so wait for the certificate before adding it to packaging or your website.
Does a UK trade mark protect me in the EU?
No. Since the end of the Brexit transition period a UK registration covers only the United Kingdom, and an EU trade mark covers only the EU member states. Older EU marks were cloned onto the UK register as comparable marks, but new brands need separate filings. You can file directly at the EU Intellectual Property Office or designate the EU and other countries through the Madrid system using your UK application as the base.
What happens if someone opposes my application?
You receive the notice of opposition and have a set period to file a defence (form TM8, no fee); if you do not, the application is treated as abandoned for the goods opposed. Most oppositions then enter a cooling-off period in which the parties negotiate, often agreeing to coexist or to narrow your specification. If no deal is reached, both sides file evidence and the IPO decides, usually on paper, with costs awarded on a modest fixed scale rather than actual legal fees.
Does registering a company name at Companies House protect it as a trade mark?
No. A company name registration only stops another company registering an identical or very similar name at Companies House; it gives you no right to stop others trading under that name or using it on products. Equally, owning a domain name confers no trade mark rights. Only registration at the IPO (or, for an unregistered name with established goodwill, a passing off claim) lets you stop a competitor using a confusingly similar brand.
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This guide describes the law in United Kingdom as at 30 October 2026. It is general information, not legal advice about your situation; the law and the figures it quotes change, so check the position with a solicitor before acting. LawFirms.co.uk is a directory and does not provide legal services.



