How to trade mark a name in the UK

Published Friday 15 May 2026

Table of contents

• What is a trade mark?
• Why register a trade mark?
• What can and can't be trade marked?
• How to check trade mark availability
• How to apply for a trade mark
• How to use your trade mark
• Keep your business finances organised with Xero
• FAQs on trade marking a name in the UK

Key takeaways

• A trade mark protects your brand identity, including names, logos, and slogans, giving you exclusive legal rights to use them across the UK.
• You can apply to register a trade mark online through the Intellectual Property Office (IPO) for as little as £205, and straightforward applications typically take 3 to 4 months to process.
• Before applying, search the IPO trade mark database to check your chosen name is available and won't conflict with existing registrations.
• Once registered, your trade mark lasts 10 years and can be renewed indefinitely, giving your business long-term brand protection.

What is a trade mark?

A trade mark is a sign that distinguishes your goods or services from those of other businesses. It can be a word, phrase, logo, shape, colour, sound, or a combination of these elements.

When you choose a name for your business, that name becomes part of your brand identity. Registering it as a trade mark with the Intellectual Property Office (IPO) gives you the exclusive legal right to use it for the goods or services it covers.

What's the difference between a trade mark and a business name?

A business name is simply the name you trade under. It doesn't give you any automatic legal ownership or the right to stop others from using something similar. A trade mark, on the other hand, is a registered legal right that protects your brand and lets you take action against anyone who uses an identical or confusingly similar name for similar goods or services.

For example, you might register a business name with Companies House, but that alone won't prevent another business from trading under a similar name in a different sector. A registered trade mark provides stronger, nationwide protection.

What's the difference between a trade mark, a copyright, and a patent?

Trade marks, copyrights, and patents each protect different types of intellectual property. Here's how they differ:

• Trade marks protect brand identifiers such as names, logos, and slogans used in trade
• Copyright protects original creative works like writing, music, art, and software code, and it applies automatically without registration
• Patents protect new inventions and how they work, and they require a separate application process through the IPO

Why register a trade mark?

Registering a trade mark gives you a clear legal right to your brand name across the UK and makes it far easier to stop others from copying it. Without registration, you may still have some protection through common law "passing off" rights, but these are harder and more expensive to enforce.

Registered trade marks offer several advantages:

• Exclusive right to use the mark for the goods or services it's registered under
• The right to use the ® symbol, which signals your mark is legally protected
• Stronger legal standing if you need to take action against infringement
• The ability to license, sell, or use the trade mark as a business asset
• A public record on the IPO register that deters others from using similar marks
• A foundation for applying for international trade mark protection

There are some limitations to be aware of. A UK trade mark only protects you within the UK. It also only covers the specific classes of goods or services you register under. If your mark is not used for 5 continuous years, it can be challenged and potentially removed from the register.

What can and can't be trade marked?

The strongest trade marks are distinctive and unique. A made-up word, an unexpected combination, or a name that doesn't describe what you sell will have the best chance of being accepted by the IPO.

Names that simply describe your product or service, such as "Fresh Bread" for a bakery, are unlikely to be accepted. The IPO looks for marks that consumers can associate with a specific business rather than a type of product.

The following types of signs generally can't be registered as trade marks:

• Descriptive words that directly describe your goods or services
• Common or generic terms used in everyday language for the product
• Non-distinctive marks, such as a single letter or simple shape
• Marks that are deceptive or misleading about the nature of the goods
• Marks that are offensive or contrary to public policy
• Marks that are identical or too similar to an existing registered trade mark for similar goods or services
• Specially protected emblems, including national flags and royal crests

Some well-known examples of strong trade marks include Kodak (an invented word), Google (a playful take on "googol"), Dove (an unexpected association for personal care products), and Apple (unrelated to technology). Each of these works because the name is distinctive in its context and doesn't describe the product itself.

How to check trade mark availability

Before you apply, check whether your chosen name is already registered or too similar to an existing trade mark. This step can save you the cost of a failed application and help you avoid potential legal disputes.

The IPO provides a free online trade mark search tool where you can search existing registrations and pending applications. Enter your proposed name and review the results carefully, paying attention to marks in the same or similar classes of goods or services.

If you're unsure about the results, the IPO's Right Start application option lets you file your application and receive an initial assessment from an examiner before committing to the full fee. This can help you identify potential issues early.

For a more thorough check, consider a professional clearance search. A trade mark attorney or solicitor can search beyond the IPO register, looking at unregistered marks, company names, and domain names that could conflict with your application.

You can also access free guidance from several sources:

• The IPO's own enquiry service, which can answer general questions about trade marks
• Free IP clinics run by intellectual property professionals across the UK
• The British Library's Business and IP Centre, which offers free advice sessions and research tools

How to apply for a trade mark

You can apply to register a trade mark directly through the IPO. The process involves choosing the right classification for your goods or services, completing an application form, and paying the relevant fee.

Trade marks are organised into 45 classes under the Nice Classification system. Classes 1 to 34 cover goods, and classes 35 to 45 cover services. You need to select the class or classes that match what your business offers. For example, a clothing brand might register under class 25 (clothing), while an accounting practice would register under class 35 (business services).

Within each class, you'll need to specify the particular goods or services your mark covers. Be as precise as possible; broad or vague descriptions are more likely to be challenged or refused.

Here's how to apply, step by step:

1. Decide exactly what you want to trade mark: a word, phrase, logo, or combination.
2. Identify the class or classes of goods and services your mark covers using the IPO classification guide.
3. Search the IPO trade mark database to check your mark is available.
4. Complete the application form online through the IPO or submit a paper application.
5. Pay the application fee.
6. Wait for the IPO to examine your application and publish it in the Trade Marks Journal.
7. If no one opposes your mark during the 2-month opposition period, it will be registered.

If someone does oppose your application, the IPO will notify you and give both parties a chance to resolve the dispute. You can negotiate directly, use mediation, or let the IPO decide. If the opposition is unsuccessful, your mark will proceed to registration.

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

The cost depends on how you apply and how many classes of goods or services you need to cover. Here are the current IPO fees, updated from 1 April 2026:

• Standard online application: £205 for 1 class of goods or services
• Each additional class: £50
• Right Start application: £125 initial fee (with the balance due if you proceed)
• Renewal after 10 years: £245 for 1 class, plus £50 for each additional class

If you use a solicitor or trade mark attorney to handle your application, professional fees typically range from £700 to £1,200 on top of the IPO fees. This can be worthwhile for complex applications or if you want expert guidance on classification and searching.

How long does it take to register a trade mark?

A straightforward application with no objections or oppositions typically takes around 3 to 4 months from filing to registration, according to GOV.UK. More complex cases, or those that face opposition, can take significantly longer.

Your trade mark protection backdates to your filing date, so even while your application is being processed, you have a priority date from the moment you applied.

What are the grounds for refusal?

The IPO may refuse your trade mark application on absolute or relative grounds. Understanding these can help you prepare a stronger application.

Absolute grounds for refusal include:

• The mark is not distinctive enough to function as a trade mark
• It's descriptive of the goods or services, such as "Cheap Plumber" for plumbing services
• It's deceptive or misleading about the nature, quality, or origin of goods
• It's contrary to law, public policy, or accepted principles of morality
• It consists of a specially protected emblem

Relative grounds for refusal apply when your mark conflicts with an earlier trade mark. This could mean your mark is identical to an existing registration for identical goods or services, or similar enough to an existing mark to cause confusion among consumers.

How to use your trade mark

Once your trade mark is registered, you can start using the ® symbol alongside it. This tells others your mark is legally protected and registered with the IPO. You should use your mark consistently and as registered to maintain your rights.

A registered trade mark is a valuable business asset. You can sell it, license it to others for a fee, or even use it as security for a mortgage or loan. If you're setting up a limited company, your trade mark can form part of the company's intellectual property portfolio.

If someone uses your trade mark without permission, you have several options for enforcement:

• Send a cease and desist letter directly to the infringer
• Use the IPO's mediation service to resolve disputes
• Take legal action through the courts for trade mark infringement
• Report counterfeit goods to Trading Standards through Citizens Advice
• Report serious or organised counterfeiting to Crimestoppers or Action Fraud

Keeping accurate records of when and how you use your trade mark is important. If you don't use it for 5 years, it can become vulnerable to cancellation. Regular use also strengthens your position if you ever need to enforce your rights.

Keep your business finances organised with Xero

Protecting your brand with a trade mark is one part of building a strong business. Keeping your finances organised is another. Whether you're a sole trader or running a limited company, Xero accounting software can help you manage invoices, track expenses, and stay on top of your cash flow, so you can focus on growing your business.

If you're just starting a business, getting your finances set up early makes everything easier down the line.

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FAQs on trade marking a name in the UK

Here are answers to some frequently asked questions about trade marking a name in the UK.

Can you trade mark a personal name in the UK?

Yes, you can trade mark a personal name in the UK, but it must function as a trade mark for specific goods or services. Common surnames on their own may be refused if they're not distinctive enough. Adding a logo, stylisation, or combining the name with other elements can strengthen the application.

Do you need a solicitor to register a trade mark?

No, you don't need a solicitor to register a trade mark. You can apply directly through the IPO website yourself. However, a solicitor or trade mark attorney can be helpful for complex applications, conducting thorough clearance searches, or handling any objections or oppositions that arise.

How do you renew a trade mark in the UK?

A registered trade mark lasts 10 years from the filing date. You can renew it for further 10-year periods by paying the renewal fee to the IPO. The current renewal fee is £245 for 1 class, plus £50 for each additional class. The IPO will send you a reminder before your renewal is due.

Can you register a UK trade mark internationally?

Yes, you can use your UK trade mark as a basis for international registration through the Madrid Protocol. This system, administered by the World Intellectual Property Organization (WIPO), lets you apply for protection in over 130 countries through a single application. Each country you designate will assess the mark under its own laws.

What happens if someone opposes your trade mark application?

After your application is published in the Trade Marks Journal, there is a 2-month period during which anyone can oppose it. If an opposition is filed, the IPO will notify you and both parties will have the opportunity to submit evidence. You can try to resolve the matter through negotiation or mediation, or the IPO can make a decision based on the evidence provided.