Following the UK Intellectual Property Office (IPO) announce to raise fees for patents, trade marks, and designs from April 2026, any person or business considering registering or renewing their intellectual property rights is reminded to act fast.
The guidance below provides an overview of trademark protection in If you are considering registering or renewing your intellectual property rights, feel free to contact us for tailored advice on the most efficient and cost-effective way to protect your brand.
What Is a Trademark?
A trademark is any sign capable of distinguishing your goods or services from those of another business.
It can be:
- Words or names
- Logos, shapes, or symbols
- Slogans, colours, or sounds (if distinctive)
The mark must not be descriptive, deceptive, or generic — for instance, “Best Coffee” could not be registered for coffee products.
Why Register a Trademark?
Registration provides:
- Exclusive rights to use the mark for the specified goods/services in the UK
- Automatic proof of ownership (much easier than proving reputation under “passing off”)
- The right to take legal action against infringers
- A valuable business asset, useful for licensing or franchising
- A deterrent to competitors or counterfeiters
International Protection
If you trade abroad, you can:
- Apply via the Madrid Protocol (through WIPO) to seek protection in multiple countries.
- File directly with the EUIPO for an EU Trade Mark (EUTM), valid across all EU member states (separate from UK rights).
Practical Tips
- Register as early as possible — first to file gets priority.
- Keep evidence of use (sales, ads, invoices) — useful in opposition or enforcement.
- Monitor the market and UKIPO journal to spot potential infringers.
UKIPO Registration Process Overview
- Search and Clearance: check the UKIPO’s database to ensure no identical or confusingly similar marks exist.
- Application Filing: provide the mark (word/logo); applicant’s name and address; and the classes of goods/services (Nice Classification system)
- Examination
- UKIPO examines whether your mark meets legal requirements (e.g. not descriptive or deceptive).
- It also identifies potentially conflicting marks and notifies their owners — but does not automatically refuse for conflicts.
- Publication & Opposition: the mark is published in the UK Trade Marks Journal for two months (extendable to three).
- During this period, third parties can file an opposition if they believe your mark conflicts with theirs.
Opposition grounds may include:
- The mark is identical/similar to theirs for similar goods/services.
- The mark would cause confusion or take unfair advantage of a reputation.
- The mark is descriptive, non-distinctive, or was filed in bad faith.
Opposition process:
- The opponent files a “Notice of Opposition.”
- The applicant can file a “Counterstatement.”
- Evidence is then exchanged (showing use, reputation, etc.), and the UKIPO decides.
- The process can take 6–12 months, depending on complexity.
- Many oppositions are settled through negotiation or coexistence agreements.
- Registration
If no opposition (or if you win), the mark is registered — usually 3–4 months from application.
You receive a registration certificate, and your rights take effect from the filing date.
- Duration & Renewal: protection lasts 10 years from filing and can be renewed indefinitely for additional 10-year periods.
Enforcement and Legal Protection
1. Trademark Infringement
Occurs when someone uses a mark identical or confusingly similar to yours for identical or similar goods/services, leading to confusion among consumers.
You may seek:
- An injunction to stop the use
- Damages or an account of profits
- Destruction of infringing goods
2. Passing Off: used to protect unregistered marks or trade names.
To succeed in a passing off claim, you must prove three elements (“the classic trinity”):
- Goodwill – that your mark or trade name has built a reputation in the market;
- Misrepresentation – that another party’s conduct leads consumers to believe their goods/services are yours;
- Damage – that you suffered harm, such as lost sales or reputational harm.
3. Counterfeiting
Counterfeiting is a criminal offence involving the deliberate copying of a registered trademark on goods (e.g. fake branded clothing, electronics, or perfumes).
- Enforced under the Trade Marks Act 1994 (Sections 92–95).
- Can lead to: seizure of goods; fines and imprisonment for offenders; and/or customs cooperation to block imports of counterfeit items
