Trade marks are essential tools for securing a company’s brand identity in a competitive marketplace. Registering a trade mark grants exclusive legal rights, deterring misuse and strengthening a brand's position. This article explores the UK trade mark registration process, legal criteria, and key strategic benefits.
Introduction
In today’s brand-driven economy, a trade mark acts as a “badge of origin”, setting your goods or services apart from competitors. Registering it ensures exclusivity, allowing businesses to use, license, or sell their brand identity with confidence.
Whether you’re launching a startup or scaling an established company, securing a trade mark early can protect your most valuable intangible asset: your brand.
What Can Be Registered as a Trade Mark?
Trade marks in the UK are flexible and can include:
Words
Logos and symbols
Sounds
Colors
Shapes or packaging
As long as the mark can be graphically represented and is capable of distinguishing your business, it may be eligible for registration.
Commonly Registered Trade Marks
Company name (e.g., “EcoBrew”)
Logo design
Slogan or tagline
Jingle or audio identity
Unique product packaging or shape
Criteria and Limitations for Registration
There are two main legal grounds considered by the UK Intellectual Property Office (IPO):
1. Absolute Grounds
A trade mark must be:
Distinctive
Not descriptive of the goods or services
Not generic or misleading
Watch Out For These Pitfalls:
Generic words (e.g. “Fast Delivery”)
Offensive or deceptive terms
Basic shapes or slogans like “Best in Town”
These will likely be rejected under absolute grounds.
2. Relative Grounds
This involves conflicts with existing trade marks. If your mark is identical or similar to a registered one, and it could confuse consumers, it can be opposed.
Benefits of Registering a Trade Mark
Why should you register?
Legal protection against misuse and counterfeit
Right to take legal action for infringement
Ability to license or sell the brand
Enhanced credibility with investors and consumers
Added value when securing funding or exiting the business
Use your trade mark as a business asset—license it to partners or use it as collateral for investment.
The UK Registration Process
Pre-filing Search: Check for existing similar marks.
Application Submission: File with the IPO, including details and classes.
IPO Examination: The office reviews your mark.
Publication Period: 2 months for public opposition.
Final Registration: If unopposed, your mark is registered.
Typical timeline: 3–4 months
Cost: Starts at £170 for one class
Conduct a clearance search before submitting to avoid disputes, rebranding costs, or rejection.
Common Challenges and Opposition
Even well-prepared applications can face:
Absolute objections: Due to generic or descriptive nature.
Relative objections: From third parties with prior rights.
Disputes may be resolved by:
Amending the application
Agreeing to co-exist
Appealing the decision
If rejected, businesses might consider design rights or copyright protection as alternatives.
Strategic Considerations and Practical Example
Timing matters. Early registration ensures:
First-mover advantage
Avoidance of infringement risk
Protection during brand development
Real-World Scenario
A London-based tech startup develops a unique logo for its app. By registering the logo as a trade mark early, they prevent competitors from copying it and establish a defensible market presence. If they had delayed, they could’ve faced legal challenges or the need to rebrand.
Conclusion
Trade mark registration isn’t just a legal formality—it’s a strategic investment.
It empowers businesses to:
Defend their identity
Build brand value
Expand through licensing
Enhance investor appeal
To fully harness these benefits, register your trade mark before going to market and ensure it meets legal standards. With a well-protected brand, your business is equipped to grow with confidence.
