What you can register as a trade mark

Your trade mark can include: words sounds logos colours a combination of any of these What you cannot register Your trade mark cannot: describe the goods or services it will relate to, for example using the word ‘Apple’ for a company which sells apples - but it could be used for a computer company be too common and non-distinctive, for example a statement like ‘we lead the way’ be offensive, for example contain swear words or pornographic images be misleading, for example use the word ‘organic’ for goods that are not organic be just a generic shape associated with your business, for example using a generic outline of a wine bottle for a business that sells wine make use of national flags you do not have permission to use make use of official emblems or hallmarks, for example coats of arms You may not be able to register your trade mark if it’s the same as, or similar to, a trade mark of another business that sells the same goods or services. Watch a short video about trade marks (2 minutes) .

Before you apply for a trade mark you need to: decide which general category and specific type of goods or services (known as ‘classes’ and ‘terms’) you want to use your trade mark for check if anyone else has registered a similar trade mark Decide which trade mark classes to apply for When you apply you must select at least one class and one term for your trade mark. These relate to the goods or services that you plan to use your trade mark on. A class covers a general category of goods or services, while a term is more specific. For example class 25 covers clothing. It then includes terms that depend on the use or material of the clothes, such as sports clothing or knitwear. Your trade mark will only be protected in the classes and terms you select. You can choose more than one class or term but you should only choose ones relevant to your business plans for the next 5 years. The more terms you choose, the more likely it is that your trade mark will be similar to someone else’s. You cannot add more terms to your application after you send it. Do not choose terms that you do not plan to sell any goods and services in over the next 5 years. If you do, your trade mark may be challenged and you may have to pay legal costs. Find the right trade mark classes for your brand . Example You intend to use your trade mark on your own sportswear line. You choose class 25 and select the terms ‘clothing’, ‘sports clothing’ and ‘athletic clothing’. Check if anyone else has a similar trade mark Search the trade marks database to check if your trade mark is the same as, or similar to, any registered trade marks. You can pay £125 for a Right Start application . The Intellectual Property Office ( IPO ) will then check for similar trade marks for you, before you commit to paying the full fee. If you find a trade mark similar to yours You should get professional advice to find out your options. Do not apply without getting advice if you’re aware that there are any trade marks the same as, or similar to, what you want to register. The IPO will contact holders of identical or similar trade marks when you apply. Get professional help and advice You can get free advice about registering a trade mark from: the IPO an intellectual property ( IP ) clinic the British Library Business and IP Centre in London If you have an enquiry about classes, email the IPO ’s classification enquiries team - tmclassificationenquiries@ipo.gov.uk . You can also get professional help from a trade mark attorney . You will have to pay for their services.

Apply to register a trade mark

To apply you’ll need: details of what you want to register, for example the words or slogan you want to use, or an illustration the personal or company details of the intended owner of the trade mark the type of goods or services (known as ‘classes’ and ‘terms’) you want to use your trade mark for - read guidance on what to do before you apply How much it costs depends on the type of application you make and how many classes you select. If you have several versions of your trade mark (for example, different colours of your logo), you may be able to make a series application . This covers up to 6 variations and costs less than registering them all separately. Choose a Right Start application if you want to check your application meets the rules for registration before you commit to paying the full fee. Your application will be published on GOV.UK as soon as you have applied. This means someone else could use details from it, for example they could buy the website domain for your brand name. Apply online What it costs Standard application It costs £205 to register a single trade mark in one class. It costs £60 for each additional class. If you’re making a series application the first 2 versions of the trade mark are included in the fee. You then pay £60 for each additional version of your trade mark, up to a maximum total of 6. Right Start application You pay £125 plus £30 for each additional class to check if your application meets the rules for registration. You’ll get a report telling you if your application has met the rules or not. You’ll need to pay another £125 (plus £30 for each additional class) to either: continue your application, if it meets the rules challenge the decision or discuss the details, if your application does not meet the rules You get 28 days to decide whether to continue your application, challenge the decision or discuss it. If you cannot apply online Fill in a paper application form to apply by post. It costs £250 to apply for one class, plus £60 for each additional class.

The Intellectual Property Office ( IPO ) will examine your application and send you an ‘examination report’ within 2 to 3 weeks. The report tells you if there are problems with your application (known as ‘objections’), that may mean you would not be able to register your trade mark. You have 2 months to resolve any objections . The IPO will also search for existing trade marks that are the same as, or similar to, yours. If they find any, they’ll contact both you and the registered holders. If there are no objections or you resolve them, your application will be published in the trade marks journal for 2 months. Anyone may ‘oppose’ your application during this time. If someone opposes your application The IPO will tell you if someone opposes your application. If your application is opposed you will not be able to register your trade mark in the relevant classes or terms until you’ve solved the issue. You can either: talk to the person making the opposition withdraw your application defend your application legally - you will have to pay legal costs See previous trade mark decisions to help you with a dispute and prepare for a hearing.

When your trade mark is registered

Your trade mark will be registered around 10 weeks (2 months, plus 2 weeks) after it has been published, if it has not been opposed. You’ll get a certificate to confirm your trade mark is registered. When you’ve got your certificate you can: object to other trade marks , for example if you think they are similar to yours sell, market, license and mortgage your trade mark Your trade mark will last 10 years - you can renew your trade mark every 10 years. Reporting changes You must report any changes to your trade mark . This includes: changes to your personal details that are held in the trade mark register, for example your address or email if you want to give up your rights to your trade mark if you want to appoint a representative or agent

Register a trade mark

Overview

You can register your trade mark to protect your brand, for example the name of your product or service.

This guide is also available in Welsh (Cymraeg).

When you register your trade mark, you’ll be able to:

take legal action against anyone who uses your brand without your permission, including counterfeiters
put the ® symbol next to your brand - to show that it’s yours and warn others against using it
sell and license your brand

Before registering a trade mark, check:

A trade mark lasts 10 years. You must renew your trade mark every 10 years for it to stay in force.

What it costs

Registering a trade mark costs at least £205. It will usually cost more depending on your circumstances, for example how many types of goods or services you want to protect your brand in.

The application process

You must send details of your trade mark and the goods or services you want to use your trade mark on to the Intellectual Property Office (IPO).

You can send your application online or by post.

The IPO will:

check that your trade mark is not the same as, or similar to, any existing trade marks
publish details of your application in the journal, in case anybody wants to oppose it

If there are any issues the IPO will let you know. You will have to resolve them before you can register your trade mark.

If there are no issues, it usually takes around 3 to 4 months from application for your trade mark to be granted.

View a timeline of the process.

Register your trade mark overseas

Registering a trade mark in the UK only protects your brand in the UK and the Isle of Man.

There are different processes for:

registering trade marks in Guernsey
registering trade marks in Jersey - you need to already have registered your trade mark in the UK to be able to register it in Jersey
registering trade marks abroad

View a printable version of the whole guide

Register a trade mark

Overview

What it costs

The application process

Register your trade mark overseas

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Register a trade mark

Overview

What it costs

The application process

Register your trade mark overseas

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