Last reviewed by Jonathan Paton
Plain answers to the trademark questions UK businesses ask us most. Quick answers are on this page. Every other question links to the page that answers it in full. If yours isn’t here, call us on 0161 833 5400 or book a free call.
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Jump to: Quick answers · Protecting your name · Registering and looking after your trademark · Ownership and value · Beyond the UK · Disputes, letters and scams · Free guides
Quick answers
What is a trademark?
A trademark is a registered right that protects a brand identifier such as a business name, product name, logo or slogan. It allows you to use that mark exclusively in connection with the goods or services it is registered for. It does not give you ownership of a word in isolation. Protection is tied to specific classes and commercial activity.
What does a trademark protect?
A trademark protects the use of a name, logo or slogan in relation to specific goods or services. It prevents others from using identical or confusingly similar branding in the same commercial space. The scope of protection depends on the classes selected at the time of application.
Why should I register a trademark?
Registration provides clarity and enforceable rights. It allows you to invest in branding with greater confidence and simplifies enforcement if issues arise. Relying on unregistered rights is possible in some circumstances, but it is usually more complex, and evidence driven. Trademarks can therefore help in avoiding costs in legal escalation, for example trademarks can be used to enforce the takedown of websites, social media accounts and enforce the removal of products from stores and online shopping platforms, without needing to go to court.
Are trademarks an asset or just a cost?
Trademarks are assets of a business. They form part of its goodwill and, in many cases, contribute materially to overall enterprise value. Used correctly, they protect and enhance commercial value and usually make enforcing your brand rights simpler and more affordable. For any business where brand is important, trademarks are an asset and can be a cost saver, not simply an expense.
How much does trademarking cost?
Official fees vary by jurisdiction and by the number of goods and services classes. As a guide, UK IPO fees start from £205 for one class (ten years), and EUIPO fees from €850. We confirm the exact official fees for your situation, offer a free consultation for new clients, and a trademark clearance audit from £99.
How long does a trademark last?
A UK trademark lasts for ten years from the filing date and can be renewed indefinitely in ten-year periods.
What happens if someone opposes my trademark application?
If a third party files an opposition, the registration process is paused while the matter is considered. You will have the opportunity to respond, negotiate, amend your specification or, in some cases, withdraw the application. The appropriate course of action depends on the strength of the opposition and your commercial priorities. Opposition proceedings can carry cost implications, particularly if matters escalate, which is why it is sensible to understand the potential risks before filing and to respond proportionately if an opposition arises.
What are the financial risks in a trademark dispute?
Financial exposure depends on whether you are asserting your rights or defending a claim. Generally speaking, there is more risk in opposing a trademark than in defending an application. There can also be risk of adverse costs if matters escalate beyond mediation via the UKIPO or other trademark registrars, particularly in court proceedings. In some forums, costs awards are limited, while in others they are not. Understanding potential exposure before proceeding allows you to make an informed commercial decision.
Can I recover costs in a trademark dispute?
In certain proceedings, a successful party may recover a portion of their costs. However, recovery is rarely complete and depends on the forum and the conduct of the parties. Cost recovery should not be assumed and should be considered as part of your wider strategy before commencing or defending proceedings.
Protecting your name
- Is my company name automatically protected once it’s registered at Companies House?
No. Registering a company name at Companies House does not register it as a trademark or give you exclusive rights to use it as a brand. - Can someone steal my business name?
Yes, somebody can apply to register your business name. That does not automatically mean they own every right to it, particularly if you have earlier rights. - What actually happens if I never trademark my brand?
Possibly nothing, at first. The need for protection usually shows only after the business has built something valuable or a copycat appears. - Is it worth paying to trademark, or am I fine as I am?
The real comparison is not registration against doing nothing, but registration against the cost of losing control of the brand. - When should I trademark, before or after I launch? Is it ever too late?
A brand that matters is best protected as soon as reasonably possible, after proper clearance checks. Launching first does not automatically make it too late. - Can I use a business name that isn’t trademarked, or one that’s already taken?
The question is not simply whether you can use the name, it is whether it is safe to. Availability at Companies House is not the same as clearance. - How do I check if a name is trademarked?
Search the UK register and each country you trade in, look for similar names, and check logos and unregistered use. - Can I just copyright my business name instead?
No. In the UK, copyright does not normally protect a business name. A trademark protects the name customers recognise. - Does owning the domain name protect my brand?
No. A domain gives you control of one web address, not exclusive rights to the brand name behind it.
Registering and looking after your trademark
- What are trademark classes, and which one(s) do I actually need?
Protection is granted for specific classes of goods and services, 45 in total. The right choice covers what you sell now and where you are realistically heading. - Can I register a trademark myself, or do I need a trademark attorney?
You do not need a trademark attorney to file a UK application. The options are to apply yourself, use a specialist representative such as TMH, or instruct a regulated attorney. - Should I trademark my name and logo separately?
A logo registration rarely protects the name inside it. What each one covers, and which to protect first. - TM or ®: which trademark symbol can I use?
™ can be used from day one. ® is only for registered marks, and misusing it is an offence. - Is there trade dress protection in the UK?
Not by that name. Registered trademarks, design rights and passing off can protect get-up, shape and packaging. - Do trademarks expire if I miss the renewal?
A UK trademark lasts ten years. What happens after a missed renewal: the late period, the fees and restoration. - Should I renew my trademark or file a new application?
Why the answer is often both, what renewal costs, and when refiling helps or backfires.
Ownership and value
- Do I own my trademark, or does my company?
The owner is whoever the trademark register names as proprietor, not automatically the person who created the name or paid the fee. - Who should own a trademark, you or your company?
There is no single right owner for every business. The applicant is best chosen deliberately, before the application is filed. - If my business partner walked tomorrow, who owns the brand name?
The trademark register is the starting point, but it may not tell the whole story when a founder leaves. - Will not having a trademark affect selling my business?
It can. A buyer is paying for the right to keep trading under the brand customers recognise, so unclear ownership can reduce value or delay a sale. - How much is my brand or trademark actually worth?
A trademark is a commercial asset. Its value often shows in what the business would be worth without the brand. - What would it cost me to rebrand if I am forced to change my name?
There is no standard figure. Lost customer recognition, search visibility and goodwill can make the true cost substantially higher.
Beyond the UK
- Does a UK trademark protect me everywhere I sell, worldwide?
No. A UK trademark protects your brand in the United Kingdom and the Isle of Man, not in other countries where you sell. - Do I need separate UK and EU trademarks after Brexit?
If your brand matters in both markets, generally yes. A UK trademark does not cover the EU, and an EU trademark no longer covers the UK. - Is the Madrid Protocol the cheapest way to protect my brand abroad?
Not necessarily. Madrid can be the cheapest and simplest route in the right circumstances, but combining countries in one application is not always the best option. - Someone in another country is using my brand. Can I stop them?
It depends on the country, the rights you hold and what the other party is doing. The starting point is whether you have protection in that country. - I’m selling on Amazon US or abroad, do I need a US or local trademark?
Not to open a seller account. But selling without local protection can leave the brand exposed in a country that has become commercially important.
Disputes, letters and scams
- Someone is already using my business name, what can I do?
Preserve the evidence and hold off contacting the other business until the position has been properly assessed. - Can someone trademark a name I’m already using and force me to stop?
Potentially, but not simply because they filed first. An application does not erase your earlier use or mean you have to stop trading straight away. - I’ve received a cease and desist letter, what do I do now?
Do not ignore it, do not panic and do not reply until the claim has been properly assessed. A letter states a position; it is not a court decision. - What happens if someone copies my logo, can I sue?
Potentially, but court action is usually the last resort. Investigation comes first, as many copies turn out to be inadvertent. - I got a trademark renewal letter or invoice. Is it a scam?
It could be genuine, misleading or an outright scam. Our Trademark Scam Directory helps you check the sender before you pay anything. - What is a trademark coexistence agreement?
How two businesses can share a similar name, what the agreement covers, and why it needs to plan for growth. - Can I see what trademarks my competitors are filing?
Yes. What new filings on the UK register reveal and hide, and how monitoring keeps watch for you.
Free trademark guides
Prefer to read it all in one place? Download our free guides: the Free Trademark Guide, a guide to the types of intellectual property, and guides for accountants, brand agencies, designers and legal firms.
Download the free guide See all guides
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These answers are for information purposes only and do not constitute trademark advice or guidance.
