So, you’ve chosen your business name and registered your domain name and social media handles. That’s enough, right? Wrong…
If you are serious about your new brand and would like to prevent others from using the same or a similar name, then a trade mark registration is the way forward.
Think about the big brands out there – Apple, Coca-Cola, Nike; they all have trade mark registrations for their brands. Their brand is one of their key assets; it’s how they stand out from their competitors; and how their customers know the product or service is theirs and not someone else’s. It is a badge for the company.
A trade mark could be a word, phrase, symbol or logo, although to be registrable it needs to be distinctive and cannot simply be descriptive of your goods or services.
Isn’t a registration of my company at Companies House sufficient?
Incorporating a company, or changing the name of your company, at Companies House will only allow you to stop someone registering an company with a name that is the same as, or too like, yours. It won’t prevent someone from trading under a trade mark that is the same or similar to your mark. In the UK, trade mark rights are acquired through use or registration. It is harder to prove rights through use and expensive to enforce, and so a trade mark registration is the best way to protect your brand.
Where can I register a trade mark?
In the UK, trade marks can be registered at the Intellectual Property Office (IPO). If your business operates in Europe, then you can also obtain a European Union Trade Mark (EUTM) at the European Union Intellectual Property Office, which will provide protection for your mark in all EU countries.
How much does it cost?
On the 1st April 2026, the UK IPO trade mark filing fees increased for the first time since 1998. The filing fee for a UK registration at the Intellectual Property Office is now £250 for one class of goods or services (£205 online), and then a subsequent £60 for each additional class. Classes of registration are the categories of goods and services for which you would like your trade mark to apply. For example, Majestic Wines would want to register their trade marks within class 33, as this covers alcoholic beverages. A EUTM costs €850 for the first class of goods or services and then a subsequent fee of €50 for the next class, and then €150 for each additional class after that.
How long does it take and how long will it last?
A straightforward UK registration usually takes up to 4-6 months from application to registration, and a EUTM registration takes up to 6-8 months. It depends on various factors, for example the process can take longer if someone objects to the registration. However, once you have obtained your registration, it will be back-dated to the date of your application. This will enable you to enforce your trade mark registration against anyone who has been using your mark since the application date. Once registered, your trade mark will last for ten years, with the option to renew the registration after the ten years has expired.
What can you do with your trade mark once registered?
Your trade mark registration gives you a monopoly right to use the mark in relation to the goods and/or services for which it is registered. This means that you have the right to prevent others from using a mark, in the course of trade, that is:
- Identical to your mark, in relation to identical goods or services for which your mark is registered;
- Identical to your mark, in relation to goods or services which are similar to the goods or services for which your mark is registered;
- Similar to your mark, in relation to goods or services which are identical or similar to those for which your mark is registered; or
- Identical or similar to your mark, where your mark has a reputation in the UK and the use of the infringing mark takes unfair advantage of, or is detrimental to, the distinctive character or repute of your registered trade mark.
For scenarios 2 and 3 above, there also needs to be a likelihood of confusion on the part of the public, which includes a likelihood that they will associate the infringer’s goods or services with you.
That said, anyone who has used the same or similar trade mark before you registered yours will not be prevented from using their mark, and could stop you from using your mark or apply to cancel your registration.
To assert your rights, you can notify the infringer that you have a trade mark registration and request that they stop using their mark – often called a “cease and desist letter”. If the infringer continues to use their mark, you may be able to issue a court claim to stop them and could potentially claim damages from them. However, legal advice should be sought before writing to the infringer, as they could claim that you have made an unjustified threat and seek damages from you!
Brexit update: important change from 1st January 2006
An important Brexit-related change came into effect on 1st January 2026. When the UK left the EU, exact copies of all European Union Trade Marks were automatically added to the UK register on 1 January 2021. These are called “comparable trade marks”. For five years, owners were allowed to rely on their use of the trade mark in the EU to protect their UK rights. However, from 1st January 2026, this has changed. You can no longer rely on use in the EU – you must now show that you’ve been using the trade mark in the UK. If you can’t prove UK use, your trade mark could be cancelled. If you own a comparable UK trade mark (these registration numbers start with UK008 or UK009) but haven’t used it in the UK, you should seek legal advice as soon as possible.
Seek advice!
The law of trade marks is a complicated area and it is so important to choose the right mark at the outset – one that no one else is using and one that meets the requirements for registration – and get it registered. It is a timely and costly exercise to rebrand if you later discover that someone has prior rights to the mark. If that someone takes you to court and claims damages from you, it could be very expensive.
How we can help…
Peacock & Co can advise you as to whether a proposed mark is registrable as a trade mark, and carry out searches of the registers to check whether the mark is available for registration. We can also manage the trade mark registration process from preparation and submission of the application right through to final registration and receipt of your trade mark certificate.
Please get in touch with our Intellectual Property solicitor, Clare Veal, or contact our commercial team if you would like any further information on trade marks and branding issues.