TRW & Co · Intellectual property
How to Register a Trade Mark in the UK
Trademark registration UK applications go to the Intellectual Property Office, cost from £205 online for one class and, without objections or oppositions, usually register in around three to four months. The registration lasts ten years. What decides whether it is worth having is the groundwork: a distinctive mark, a clearance search, the right owner and a focused specification.
Key pointSince the Supreme Court's SkyKick decision, a broad template specification is a liability as well as a shield: claim only goods and services you use or genuinely intend to use, and file again as the business grows.
At a glance
Fees from £205
GOV.UK lists £205 to file online in one class and £60 for each additional class; paper applications cost £250 for the first class.
Three to four months
Without objections or oppositions, GOV.UK says registration usually takes around three to four months from application, including a two-month publication period.
Ten-year protection
A UK registration lasts ten years and can be renewed indefinitely, but can be revoked if it is not genuinely used for five years.
Specification after SkyKick
The Supreme Court held in 2024 that claiming goods with no intention to use the mark for them can amount to bad faith.
UK only coverage
A UK registration protects the brand in the UK and the Isle of Man; the Madrid System or national filings are needed abroad.
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Trademark registration UK: the short answer
Trademark registration UK applications are filed with the Intellectual Property Office (UKIPO), usually online. The application names the owner, shows the mark and lists the goods and services it will cover, grouped into classes. The UKIPO examines it, publishes it for two months so others can oppose, and, if nothing goes wrong, registers it. GOV.UK says an unproblematic application usually takes around three to four months.
The government fee starts at £205 for one class filed online, with £60 for each additional class. A registration lasts ten years and can be renewed indefinitely. The hard work is not the form: it is choosing a mark that can be registered, clearing it against earlier rights and drafting a specification that protects the business without overreaching.
This guide walks through the trademark registration UK process from clearance to renewal, and explains how to extend protection overseas.
The legal framework: the Trade Marks Act 1994
The governing statute is the Trade Marks Act 1994, which applies across the whole United Kingdom. Section 3 sets out the absolute grounds for refusal: signs that are descriptive, devoid of distinctive character, customary in the trade, deceptive or contrary to public policy. Section 5 sets out the relative grounds, where the mark conflicts with an earlier trade mark or other earlier right.
A registered mark gives the owner the exclusive right to use it for the registered goods and services, and a statutory claim against infringers without having to prove reputation. Our article on trade mark infringement and passing off explains how that right is enforced. A registration that is not genuinely used for a continuous five-year period becomes vulnerable to revocation under section 46.
The registry is the Intellectual Property Office. Its official guide to registering a trade mark confirms that a UK registration protects the brand in the UK and the Isle of Man only. Guernsey and Jersey have their own processes.
What can be registered
A trade mark can be a word, logo, slogan, colour, sound or a combination of these. GOV.UK gives practical examples of what will fail: a mark that describes the goods (such as "Apple" for apples), a common phrase like "we lead the way", offensive or misleading signs, generic shapes, and unauthorised flags or official emblems.
Choosing a mark that can be registered and enforced
Distinctiveness is everything. Invented words and arbitrary words (a real word with no link to the product) are easiest to register and strongest to enforce. Suggestive marks can work. Descriptive marks are routinely refused and, even if they get through, are hard to stop others using.
Marketing teams often prefer names that describe the product because they communicate quickly. That is the commonest source of objections in the trademark registration UK process. A short conversation about distinctiveness before the brand is finalised saves months later.
Word mark or logo?
A word mark protects the name in any font, colour or style, so it is usually the most valuable registration. A logo or stylised mark protects the visual identity but is narrower: a competitor using the same word in a different design may fall outside it. Most businesses file the word first and add the logo when budget allows. GOV.UK also allows a series application covering up to six variations of the same mark, such as different colourways.
Clearance searches and choosing classes
Before filing, search the UK register for identical and similar marks covering similar goods or services. A proper clearance search also looks at company names, domain names and unregistered use, because passing off rights can block a registered mark too. GOV.UK states plainly that you should not apply without advice if you know of a similar earlier mark.
The UKIPO also offers a Right Start application: you pay £125 plus £30 for each additional class, receive a report on whether the application meets the rules, and then have 28 days to pay a further £125 (plus £30 per extra class) to continue or challenge the outcome. It is a useful tool for straightforward applications but is not a substitute for a clearance search against third-party rights.
Classes and terms
Goods and services are grouped into 45 classes under the international Nice Classification, and the 13th edition applies to applications filed from 1 January 2026. Each class contains specific terms. GOV.UK advises choosing only classes and terms relevant to your business plans for the next five years, warns that unrealistic terms may lead to a challenge and legal costs, and confirms that you cannot add terms after filing.
That advice reflects the Supreme Court's decision in SkyKick UK Ltd v Sky Ltd [2024] UKSC 36. The court held that applying for a mark without any intention to use it for some of the goods and services claimed can be bad faith, and that an unjustifiably broad specification can support that conclusion. Overclaiming now carries real risk.
| Item | Fee or period | Notes |
|---|---|---|
| Online application, one class | £205 | £60 for each additional class |
| Paper application, one class | £250 | £60 for each additional class |
| Series application | First two versions included | £60 per further version, up to six in total |
| Right Start (first stage) | £125 plus £30 per extra class | Second payment of the same amount to continue |
| Examination report | Usually within 2 to 3 weeks | Two months to resolve objections |
| Opposition period | Two months from publication | Extendable to three months by a notice of threatened opposition |
| Registration if unopposed | Around 10 weeks after publication | Overall around 3 to 4 months with no issues |
| Duration | 10 years | Renewable every 10 years |
The trademark registration UK process step by step
- Clear the mark. Search the UK register and the market for identical and similar marks, company names and domains, and assess the risk of objection or opposition.
- Decide owner, mark and classes. Name the correct owner (normally the company, not a founder personally), choose word or logo, and draft a specification you genuinely use or intend to use.
- File online. Submit the application with the UKIPO and pay the fee. The application details become public straight away, so secure key domains first.
- Examination. The UKIPO examines the mark on absolute grounds and searches for earlier marks, usually reporting within two to three weeks.
- Respond to objections. You have two months to argue distinctiveness, file evidence of use or narrow the specification.
- Notification of earlier owners. Where the UKIPO finds similar earlier marks, it contacts you and the earlier owners. It does not refuse on those relative grounds of its own motion; it is for the earlier owner to oppose.
- Publication and opposition. The application is published in the Trade Marks Journal for two months; a third party can extend that to three by filing a notice of threatened opposition.
- Registration and after. If unopposed, the mark registers around ten weeks after publication. Record licences and assignments, use the mark consistently and diarise renewal.
Your application is published on GOV.UK as soon as you apply, and GOV.UK itself warns that someone could use the details to buy a domain for your brand name. Register the domains and key social media handles before you press submit.
Oppositions and how to handle them
An opposition is a formal challenge before the UKIPO, usually by an owner of an earlier mark who believes your mark is too close to theirs. Many disputes start with a notice of threatened opposition, which only extends the deadline; it is an opportunity to negotiate before costs are incurred.
Common outcomes include a co-existence agreement, a narrowed specification that removes the overlapping goods, or a withdrawal. If the opposition proceeds, both sides file evidence and arguments and the registry decides. Costs at the registry are usually modest compared with court, but losing can force a rebrand. Where the dispute moves into the market, our trade mark solicitors handle both sides.
After registration: records, renewal and monitoring
A trademark registration UK certificate is the start of the asset's life, not the end. GOV.UK requires changes to the register to be reported, including a new address, an assignment, a surrender of rights or the appointment of a representative. Licences should also be recorded, because an unrecorded licence or assignment can affect who may sue and what can be recovered.
Renewal falls due every ten years. Missing it can mean losing the right, so diarise the date and keep evidence of use on file. Finally, a trademark registration UK owner should watch the register and the market: the UKIPO does not police infringements, and opposing a conflicting application during its publication period is usually far cheaper than suing after it registers.
An illustrative scenario
This scenario is illustrative only and does not describe any real client or matter.
A London food start-up plans to launch a range of plant-based snacks under an invented name. The founder files the application personally, in ten classes, using a template list that includes clothing, software and restaurant services.
Three problems follow. The investor's lawyers, on due diligence, find the mark is owned by the founder rather than the company, so an assignment is required before completion. An earlier owner of a similar mark for clothing files a notice of threatened opposition, which would not have mattered if clothing had not been claimed. And after SkyKick, the breadth of the specification invites an allegation of bad faith.
The fix is to narrow the specification to food, drink and closely related goods the business will realistically sell in the next few years, assign the application to the company, and agree co-existence with the clothing owner. A better start would have been a clearance search and a focused filing in the company's name. Our guide to IP assignment and licensing explains how to transfer ownership cleanly.
Risks and common mistakes
Filing in the wrong owner's name
Founders often file in their own name before the company exists, or in a holding company that never trades. Investors and buyers will want the brand in the operating group, and an unrecorded assignment can complicate enforcement. If you are setting up a company, form it first and file in its name, or assign the application promptly and record the change with the UKIPO.
Using a template specification
Template lists claim goods and services the business will never offer. After SkyKick, that breadth can support a finding of bad faith and lead to the registration being cut back or invalidated. It also increases the chance of conflict with earlier marks in unrelated sectors. Draft around what you sell now and genuinely plan to sell, and file again later as the business grows.
Skipping the clearance search
The UKIPO's examination is not a clearance search. It checks absolute grounds and notifies earlier owners, but it does not tell you whether your use of the mark infringes someone else's rights or whether an unregistered user has passing off rights. A launch that ignores this risk can end with an injunction, destroyed stock and a forced rebrand. A search before launch is far cheaper than a dispute after it.
Registering and then not using the mark
A registration that is not genuinely used for a continuous five-year period can be revoked for non-use. Use must be real use in the market for the registered goods or services, and the mark should be used in the form registered. Keep dated evidence of sales, marketing and packaging, because you may need it in an opposition or revocation action years later.
Forgetting overseas markets
A UK registration gives no protection elsewhere, and in many countries the first to file wins. Since 1 January 2021 an EU trade mark no longer covers the UK, and a UK mark does not cover the EU. If you plan to sell, manufacture or source abroad, file in those markets early, ideally within the six-month priority period after your UK filing.
Protecting the mark overseas
A UK application can be the base for international protection. Under the Paris Convention, filings abroad made within six months of the UK filing can claim its filing date. The Madrid System, run by the World Intellectual Property Organization, lets you designate many member countries through one international application and manage one renewal.
For the EU, the options are an EU trade mark covering all member states or national filings in specific countries. Where a target country is not a Madrid member, or local practice matters, a national filing through local counsel is needed. For businesses manufacturing or sourcing in Bangladesh, registering with Bangladesh's Department of Patents, Designs and Trademarks helps prevent local squatting on the brand; our guide for Bangladeshi founders covers the UK side of that structure.
Brands with distributors or franchisees abroad should also make sure the contracts confirm the brand owner's title and control of filings. Our franchising and distribution team drafts those provisions. Distinctive product shapes and packaging may also need design protection alongside the trade mark.
Checklist before you file
- Is the mark distinctive rather than descriptive?
- Have you searched the register, company names, domains and the market?
- Is the applicant the operating company that will own the brand?
- Does the specification match what you sell or genuinely plan to sell?
- Have you secured the domain and social handles?
- Do you need the word mark, the logo, or both?
- Which overseas markets need filings within the six-month priority window?
- Who will monitor the register and the market after registration?
We advise on clearance, filing strategy, oppositions and international portfolios as part of our trademark registration UK work. Contact our London office at Holborn Gate, 330 High Holborn, London WC1V 7QH, by email at info@trw.co or on +880 1779 127165.
Frequently asked questions
01How much does trademark registration cost in the UK?
GOV.UK lists the government fee for an online application as £205 for one class, plus £60 for each additional class. A paper application costs £250 for one class plus £60 per extra class. A Right Start application costs £125 plus £30 per extra class at the first stage, with a second payment of the same amount to continue. These are official fees only; professional fees for searches, drafting and responding to objections or oppositions are separate. Renewal fees are payable every ten years.
02How long does it take to register a trade mark in the UK?
GOV.UK says it usually takes around three to four months from application if there are no problems. The UKIPO normally issues its examination report within two to three weeks, and you then have two months to resolve any objections. The application is published for two months for opposition, which a third party can extend to three months. If there is no opposition, the mark is registered around ten weeks after publication. Objections or oppositions can add many months.
03Can I register a trade mark myself without a lawyer?
Yes. Anyone can file online with the UKIPO, and GOV.UK provides guidance and free help through the IPO and IP clinics. Professional advice is most useful where the mark may be descriptive, where a search reveals similar marks, where the specification needs careful drafting, or where you plan to expand overseas. GOV.UK itself advises not to apply without advice if you know of a similar earlier mark, because an opposition can lead to legal costs.
04What happens if someone opposes my trade mark application?
The UKIPO will tell you, and the application cannot proceed to registration in the opposed classes or terms until the opposition is resolved. You can negotiate with the opponent, narrow your specification, agree co-existence terms, withdraw, or defend the application through the registry's procedure, which involves evidence and arguments and can carry a costs award. Many disputes begin with a notice of threatened opposition, which only extends the opposition period and gives an opportunity to settle early.
05Does a UK trade mark protect my brand in the EU?
No. Since 1 January 2021 a UK registration covers only the UK and the Isle of Man, and an EU trade mark no longer covers the UK. For the EU you need an EU trade mark or national filings in member states, which can be made through the Madrid System. If you file abroad within six months of your UK application, you can usually claim the UK filing date as priority, which helps if someone else files in the meantime.
06How many classes should I file in?
File in the classes covering goods and services you sell now and genuinely plan to sell over roughly the next five years, which is the horizon GOV.UK suggests. Each extra class adds cost and increases the chance of conflict with earlier marks. After the Supreme Court's decision in SkyKick, claiming goods or services with no intention to use the mark can also be bad faith. You cannot add new terms after filing, so further classes require a new application.
Sources and official materials
- Register a trade mark (GOV.UK) — Official process, fees and timings
- Trade Marks Act 1994 — Grounds for refusal, infringement and revocation
- Intellectual Property Office — The UK trade mark registry
- SkyKick UK Ltd v Sky Ltd [2024] UKSC 36 — Supreme Court on bad faith and broad specifications
- Madrid System (WIPO) — International trade mark registration
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.