FAQs · Last reviewed by Jonathan Paton
Trademark FAQs
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.
Popular questions
Like any complex industry, it can be difficult to find a clear answer when it comes to trademarks, because the honest answer is often “it depends on the situation”.
“Do I need a trademark?” is a question we hear a lot, and believe it or not, we do not always automatically say yes (as much as we would like to).
I created The Trademark Helpline so that budget would never stop anyone getting the right trademark guidance when they need it, and so that everyone can have an affordable expert in their corner when they need help and support.
I am constantly updating our frequently asked questions to give you the knowledge you need. If there is a question you can’t find here, please let me know. I will do my best not only to answer it for you, but to get it live on the site for other people who may have the same question too.
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Quick answers
The questions we hear most, answered in full right here.
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.
Answered by Jonathan Paton, Founder & CEO
Next step: UK trademark registration Service page
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.
Answered by Jonathan Paton, Founder & CEO
Next step: Choosing your trademark classes Service page
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.
Answered by Jonathan Paton, Founder & CEO
Next step: UK trademark registration Service page
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.
Answered by Jonathan Paton, Founder & CEO
Next step: How much is my brand worth? Answer page
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.
Answered by Jonathan Paton, Founder & CEO
A UK trademark lasts for ten years from the filing date and can be renewed indefinitely in ten-year periods.
Answered by Jonathan Paton, Founder & CEO
Next step: Trademark renewals Service page
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.
Answered by Jonathan Paton, Founder & CEO
Next step: Trademark oppositions Service page
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.
Answered by Jonathan Paton, Founder & CEO
Next step: Trademark oppositions Service page
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.
Answered by Jonathan Paton, Founder & CEO
Next step: Trademark oppositions Service page
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Protecting your name
What a company name, a domain and copyright do, and don’t, protect.
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.
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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.
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Possibly nothing, at first. The need for protection usually shows only after the business has built something valuable or a copycat appears.
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The real comparison is not registration against doing nothing, but registration against the cost of losing control of the brand.
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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.
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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.
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Possibly. Similarity is judged as a whole, including how the names look and sound, what they mean and whether the goods or services are related, not just whether they are identical.
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Search the UK register and each country you trade in, look for similar names, and check logos and unregistered use.
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No. In the UK, copyright does not normally protect a business name. A trademark protects the name customers recognise.
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No. A domain gives you control of one web address, not exclusive rights to the brand name behind it.
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Registering and looking after your trademark
Classes, symbols, renewals and whether to file it yourself.
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.
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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.
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A logo registration rarely protects the name inside it. What each one covers, and which to protect first.
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™ can be used from day one. ® is only for registered marks, and misusing it is an offence.
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Not by that name. Registered trademarks, design rights and passing off can protect get-up, shape and packaging.
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A UK trademark lasts ten years. What happens after a missed renewal: the late period, the fees and restoration.
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Why the answer is often both, what renewal costs, and when refiling helps or backfires.
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Ownership and value
Who owns the brand, and what it’s worth when it matters.
The owner is whoever the trademark register names as proprietor, not automatically the person who created the name or paid the fee.
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The trademark register is the starting point, but it may not tell the whole story when a founder leaves.
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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.
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A trademark is a commercial asset. Its value often shows in what the business would be worth without the brand.
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There is no standard figure. Lost customer recognition, search visibility and goodwill can make the true cost substantially higher.
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Beyond the UK
Where a UK trademark stops, and how to go further.
No. A UK trademark protects your brand in the United Kingdom and the Isle of Man, not in other countries where you sell.
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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.
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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.
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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.
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Not to open a seller account. But selling without local protection can leave the brand exposed in a country that has become commercially important.
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Disputes, letters and scams
Copycats, demanding letters and invoices that don’t look right.
Preserve the evidence and hold off contacting the other business until the position has been properly assessed.
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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.
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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.
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Potentially, but court action is usually the last resort. Investigation comes first, as many copies turn out to be inadvertent.
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It could be genuine, misleading or an outright scam. Our Trademark Scam Directory helps you check the sender before you pay anything.
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How two businesses can share a similar name, what the agreement covers, and why it needs to plan for growth.
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Yes. What new filings on the UK register reveal and hide, and how monitoring keeps watch for you.
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The people behind the answers
Our authors
Jonathan PatonFounder & CEOBrand protection strategy for UK businesses since 2008.
Matthew GriffithsCommercial DirectorClient work and our UK and international partnerships.
Alex PughBrand Protection ConsultantNew clients, international applications and hearings.
Laura SpencerParalegalDrafting, filing and progressing applications.
Saad AshrafMarketing ManagerMarketing and the trademark data behind our guides.
Can't see your question? Browse every answer in the Knowledge Hub 851 FAQs, plus guides, articles and videos, all written by our team.
Free guides
The Free Trademark Guide
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.
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These answers are for information purposes only and do not constitute trademark advice or guidance.
