How to trade mark a name in the UK

Understanding how to trade mark your business name is an important part of entrepreneurship.

Also known as a ‘badge of origin’, a trade mark protects your intellectual property (IP). Once you have that ® symbol next to your brand name, nobody else can use it in the category (or ‘class’) of the business it’s registered in.

In legal terms, a trade mark gives you a monopoly meaning you are the only one with the right to trade under that name in your sector, meaning you have control over your reputation and how your brand name is used.

In this article, we’ll take you through how to trade mark your brand name — step by step. We’ll also answer your pressing questions you may have about the trade marking process.

Trade marking a name: your how-to guide

Step #1: Decide on the name you want to trade mark

Coming up with the perfect name can be a hard job. Once you’ve got it, trade marking will help you safely hold on to it.

Make sure it is not:

• No obscene language or pornographic or violent imagery will be accepted.
• For example, using the word “healthy” in a brand name for cigarettes
• Too literal. Your pencil company can’t be called PENCIL, unfortunately — it’s seen as unfair to other pencil companies. Likewise, you can’t trade mark the shape of a banana if that’s what you sell.
• Too common/generic. “We’re the best” is not likely to get approval.
• Too similar to the IP of a competitor. If the name you want to trademark is the same — or even similar — to an existing trade mark registered for a company that provides a similar product or service, it may not be given the nod.

You may want to consider trade marking other parts of your branding. You can trade mark the words, sounds, logos, and colours attached to your brand, as well as a combination of any of these.

Step #2: Choose the right classification for your trade mark

Choosing the right classification for your trademark is a vital step in ensuring that your brand is properly protected.

The Nice Classification (NCL) is an international classification system that Intellectual Property Offices worldwide use to sort trade marks into groups of goods and services called classes. 

In the UK, there are a total of 45 classes to choose from which are divided as follows:

• Classes 1 to 34: Goods
• Classes 35 to 45: Services

It’s important to note that your product or service may need to be trade marked in more than one class. The more groups you register your trademark in, the more it costs.

Within each class, there are a number of terms which are the details of what that class covers.

Say you’re looking to trademark the name of your brand of strawberry jams. You would likely want to look at Class 29, which is defined as:

Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk, cheese, butter, yoghurt and other milk products; oils and fats for food

As you can see, “jellies” and “jams” are relevant to this class.

Each class has its own list of “terms” — specific goods or services that are offered within a particular class.

One of the terms in Class 29 is “strawberry jam”, meaning you’ve hit the bullseye for our brand of strawberry jam.

However, your journey may not end there. You might also want to look at Class 30:

Coffee, tea, cocoa and artificial coffee; rice, pasta and noodles; tapioca and sago; flour and preparations made from cereals; bread, pastries and confectionery; chocolate; ice cream, sorbets and other edible ices; sugar, honey, treacle; yeast, baking-powder; salt, seasonings, spices, preserved herbs; vinegar, sauces and other condiments; ice (frozen water)

Some of the terms in Class 30 are “jam buns”, “jam filled brioches” and “confectionary containing jam”. Would you like your trade mark to be protected in this class too?

There is also Class 31 which covers “fresh strawberries” and Class 32 which covers “fruit beverages and fruit juice”.

To ensure that your trade mark does what it’s supposed to, the goal is to have your brand protected in all the classes that it’s tied to.

Top tips:

• Think about what your business will be selling in the next 5 years. While you may only sell peach jam now, you might be thinking of branching out into other kinds of preserves or handmade gifts. Include both what you sell now and what you intend to sell over the next five years. This is a good time to review your business plan and see what you may want to cover over the coming years. You can’t add additional goods and services after you have applied.
• Don’t over budget. Trade marks can be revoked after 5 years if they’re not used so make sure that all the classes you want to cover are realistic for your business model.

Step #3: Check to see that nobody else has a similar trade marked name in your sector

Once you’ve decided what classes to register your trade mark in, check to see that nobody else has the same (or similar) trade mark registered in the same class. You can do that here on the government website for the UK Intellectual Property Office (UKIPO). You can also check what applications have been made in the trade marks journal.

It’s important to conduct a thorough check. If you don’t, you may lodge your application only to receive objections to it because it (or something similar) is already in use.

If you find that the trade mark you want to use is already in circulation, you won’t be able to register it. However, it’s not the end of the road. If you are really attached to a particular name, it may be worth reaching out to the

Step #4: Get your application ready

Here’s what you need to get your application ready:

• Words you would like to trade mark
• Your personal or company details (if you are to be the owner of the trade mark)
• The classes and terms you want to apply in

You have the option of making a series application will will allow you to provide a few different versions in your application.

If you need assistance, the following resources exist to help you through this journey:

• IP Clinics
• The Business and IP Center in London

You can also contact the IPO at:

• Email: information@ipo.gov.uk
• Telephone: 0300 300 2000

Step #5: Send your application to the Intellectual Property Office (IPO)

You have two options when it comes to getting your application in:

• Standard application where you do the all the background work yourself
• Right start application where you pay extra to ensure that you tick all the boxes for registration.

You have the option to send your application to the IPO online or by post.

If you are sending your application:

• Through the government’s online portal: head here to start your application
• Via the post: You can find the forms and information on how to pay here. (Note that an application by post is more expensive so if you’re able, the online option may be preferable.)

Step #6: Get the IPO’s examination report

The IPO should send an examination report to you within 2 to 3 weeks of submitting your application. In this report, they’ll detail any ‘objections’ — problems that could get in the way of your application.

You have two months to resolve the objections that were raised by the IPO.

Step #7: Get through the ‘opposition period’

Once objections are resolved, your application will be published online in the Trade Marks Journal.

On the date of publication, the “opposition period” kicks off where people can oppose your application either on:

• Absolute grounds, where the opposition is to a problem with the trade mark itself. It could be that the trade marked name is too generic or descriptive of the product or services. If you call your earphone brand “earphone”, for example, you make life difficult for others in the industry. Anyone can oppose a trade mark application on absolute grounds.
• Relative grounds where an earlier trade mark exists that conflicts with the one you are applying for. The owner of the earlier trade mark has to be the one to oppose an application on relative grounds.

You won’t be able to register your application until the opposition. You have the option at this point to withdraw your application. If you don’t want to, you can talk to the person who has opposed your application to see if their issue can be resolved.

You also have the option of legally defending the application. Before taking this route, understand that you will be responsible for the legal costs.

Step #8: (Hopefully) receive the thumbs up!

If there is no opposition to your application, the IPO will register it about ten weeks after you apply. You will then receive a certificate that confirms that your trade mark is registered. Your trade mark will then be searchable by others who are looking to trade mark their own brand names on this government database.

Step #9: Understand what you can do with your trade mark

Once you get your certificate to confirm that your trade mark is registered, you can now object to other trade marks that are the same or similar to yours. You can also use your trade mark as an asset that you can sell and market.

A trade mark lasts ten years in the UK. After that, you’ll have to renew it.

While your trade mark is active, it’s important to let the IPO know if you have any updates to your personal details, want to give up your trade mark, or would like to appoint a representative to manage it.

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Common trade mark questions

Should I trade mark my business name?

It’s usually a good idea to trade mark the name of your business as it offers you protection for our intellectual property. It also allows you to use your trade mark as an asset.

Once your brand’s name is trade marked, you then have the option to:

• Take legal action against anyone who tries to use it without your permission, including someone stealing your intellectual property (IP) and passing it off as their own and creating counterfeit versions of your products or services. You can also ask border control agencies to detain any merchandise that uses your trade marked branding.
• Sell your brand if you ever wish to do so.
• License your IP which means you can create a formal agreement where you allow others to use your trade mark.

How much does it cost to trade mark in the UK?

So, how much does it cost to trade mark a name? Well, the cost of trade marking your brand will depend on how many classes you want to register it in.

Registering a single trade mark application in one class costs £170.

After that, you will pay £50 for every additional class.

If you go the Right Start option, you will pay an extra £100 to ensure that your application meets the rules for registration and an £25 for each additional class.

How to trade mark a name in the UK — Quickfire summary

Trade marking the name of your business is an important part of protecting the intellectual property of your business.

Here’s how:

1. Decide on the name you want to trade mark.
2. Choose the right classes and terms for your trade mark.
3. Check that nobody has trade marked a name that is the same or similar.
4. Get your application ready.
5. Send your application to the IPO.
6. Get the IPO’s examination report.
7. Get through the “opposition period”.
8. (Hopefully) receive a thumbs up!
9. Understand what you can do with your trade mark.

All the best with your application!

Also read:

• Types of business insurance you should know about
• How to register as self-employed in the UK
• Small business grants to be aware of in the UK
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