FAQs
Find answers to all your questions, from UK, EU, and worldwide trademark registration to trademark monitoring and representation, all in one place.
Frequently Asked Questions
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.
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.
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.
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.
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 audit from £99.
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A UK trademark lasts for ten years from the filing date and can be renewed indefinitely in ten-year periods.
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.
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.
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.