How to Register a Trademark in the UK: Step-by-Step Guide (2026)

How to Register a Trademark in the UK: Step-by-Step Guide (2026)

Key Takeaways

  • The UKIPO received 173,180 trademark applications in 2024, the second highest annual figure ever recorded (GOV.UK Facts and Figures 2024).
  • A standard online application costs £205 for one class from April 2026, with registration typically completed in 3 to 4 months if uncontested.
  • Choosing the wrong trademark class is one of the most common and costly mistakes: classes cannot be changed after filing.
  • UK trademarks no longer cover the EU after Brexit; businesses trading in both markets need separate UKIPO and EUIPO applications.

Trademark registration UK gives your brand legal protection that company incorporation alone cannot provide. The UKIPO received 173,180 applications in 2024, the second highest total ever recorded, showing how many businesses are waking up to the importance of protecting their name, logo and identity. At ApexCounsel, our Cambridge-based solicitors help founders and SMEs navigate this process from search to certificate, without the jargon or opaque fees. This guide walks you through every stage, including the updated fees that came into effect in April 2026.

What is a UK trademark and why does your business need one?

A UK trademark is a registered legal right that lets you use the ® symbol and stop others from using a confusingly similar mark in your sector. The UKIPO granted 156,596 registrations in 2024, a 9.1% increase on 2023 (GOV.UK, Facts and Figures 2024, June 2025). Registration creates an enforceable IP asset you can licence, sell or use as leverage in disputes.

Without a registered trademark, you may have some protection under the common law tort of passing off. But that requires you to prove substantial goodwill, misrepresentation and damage: an expensive and uncertain argument in court. A registration shifts the burden. You have the right; the infringer must prove they do not need it.

Citation Capsule: The UK Intellectual Property Office granted 156,596 trademark registrations in 2024, a 9.1% increase on the 143,513 granted in 2023. Applications reached 173,180 in the same year, the second highest annual figure on record. Source: UKIPO Facts and Figures 2024 (GOV.UK, June 2025).

Cambridge’s tech ecosystem generates significant brand value quickly, from seed-stage biotech to SaaS scale-ups. Yet many founders delay registration until they are raising a Series A, at which point a conflict on the register can stall or derail a funding round. Filing early, even before public launch, is often the right call.

What can you register as a UK trademark?

The Trade Marks Act 1994 allows registration of words, logos, letters, numerals, shapes, colours, sounds and combinations of these, provided the mark is distinctive and not merely descriptive. The UKIPO will refuse marks that describe the goods or services (such as “Fast Legal Advice”), are purely generic, offensive or deceptive, or incorporate national flags without permission (GOV.UK, What you can register).

Distinctiveness is the key test. A made-up word is the most registrable category because it has no pre-existing meaning. A descriptive term, even with creative spelling, faces a much higher bar. If you are unsure whether your proposed mark is sufficiently distinctive, speaking to a solicitor before filing can save the cost of a rejected application and the fees to respond to an objection.

How much does trademark registration UK cost in 2026?

The UKIPO increased its fees in April 2026, the first increase in nearly 30 years according to CITMA (Chartered Institute of Trade Mark Attorneys, November 2025). Online applications now cost £205 for the first class of goods or services, plus £60 for each additional class. Paper applications cost more and are rarely advisable for straightforward cases.

Application type Pre-April 2026 From April 2026
Online application, first class £170 £205
Each additional class (online) £50 £60
Right Start scheme (total, online) £220 £250
Paper application, first class £200 £250
Renewal per class (online) £200 £245

Sources: GOV.UK (New fees from 1 April 2026); CITMA (November 2025).

The Right Start scheme is worth knowing about if this is your first application. Rather than paying the full fee upfront, you pay £125 initially and receive an examiner’s preliminary assessment before committing the remaining £135. For first-time applicants who are uncertain about their mark’s registrability, this is a cost-effective way to test the water before fully committing.

The April 2026 fee increase of around 20% across most categories is the first in 28 years. For a startup registering in two classes online, the total cost rises from £220 to £265: modest by any commercial standard, but worth factoring into a budget alongside professional advice fees. Rebranding after an infringement dispute typically costs businesses between £10,000 and £200,000, making the registration fee look very reasonable indeed.

How do you search for conflicting trademarks before applying?

Conducting a clearance search before filing is the single most important preparatory step. The UKIPO operates a free online search tool covering the full register, letting you search by word, image or owner. Approximately 3.9% of all applications in 2024 faced formal opposition: 6,695 opposition actions were filed that year (UKIPO Facts and Figures 2024, GOV.UK). Many of those disputes could have been avoided with a thorough pre-application search.

A basic search looks for identical or similar marks in your proposed class. A fuller clearance search also covers:

  • The Companies House register (business names that may give rise to passing-off claims)
  • Domain name registrations
  • Unregistered marks with established goodwill (common law rights)
  • EU trademarks in similar classes, even where they no longer have UK effect post-Brexit

Citation Capsule: The UKIPO recorded 6,695 opposition actions in 2024, representing approximately 3.9% of all trademark applications filed that year. Opposition proceedings can take 12 to 18 months to resolve and often cost several thousand pounds in professional fees. A pre-application clearance search is the most effective way to reduce this risk. Source: UKIPO Facts and Figures 2024 (GOV.UK, June 2025).

How do you choose the right trademark classes?

The UK uses the Nice Classification system, an international framework dividing goods and services into 45 classes. Classes 1 to 34 cover physical goods; Classes 35 to 45 cover services. Every application must specify at least one class and at least one specific term within that class. Classes cannot be added or amended once the application has been filed, making the right selection critical from the outset (GOV.UK, How to classify trade marks).

Business type Typical classes to consider What they cover
SaaS or software startup Class 42 Software as a service, technology services, research and development
E-commerce or retail Class 35 Retail services, online marketplace, business advertising
Professional services Class 45 Legal services, consultancy, licensing of intellectual property
Food and drink brand Classes 29, 30, 32 or 33 Processed foods, condiments, beverages, alcoholic drinks
Clothing brand Class 25 Clothing, footwear, headgear
Healthcare or medtech Classes 5, 10 and 44 Pharmaceuticals, medical devices, medical services

Source: GOV.UK, How to classify trade marks.

A solicitor experienced in IP can identify which classes protect your core business and which additional classes are worth filing in to prevent future infringement from adjacent competitors. You can explore how ApexCounsel supports IP matters for Cambridge businesses and UK SMEs on our services page.

Step 3: File your UK trademark application with the UKIPO

Once you have completed your search and confirmed your class selection, you are ready to file. Online applications are processed faster and cost less than paper filings. The UKIPO’s online service (TM3) lets you submit your mark, upload a logo representation, specify your class terms and pay in a single session. Here are the steps:

  1. Log in to the UKIPO’s online services portal, or create an account.
  2. Choose your route: Standard application or Right Start scheme.
  3. Upload your mark as a JPEG or PNG if it includes a device or logo element.
  4. Select your class or classes and specify the goods or services you want to protect.
  5. Pay the application fee: £205 for the first class from April 2026, plus £60 per additional class.
  6. Receive your filing receipt, which confirms your official filing date. This date establishes your priority over any later applications for the same or similar marks.

You can use our document creator to prepare supporting materials, or speak to one of our solicitors if you want professional guidance before or during the filing process.

What happens during examination, publication and opposition?

After filing, the UKIPO examines your application within approximately two weeks. The examiner checks for absolute grounds of refusal (is the mark distinctive?) and searches for conflicting existing marks. If an objection is raised, you have two months to respond. If the mark passes examination, it is published in the Trade Marks Journal for a two-month public opposition window, extendable to three months on request. Registration follows approximately two weeks after the opposition period closes without an unresolved challenge (GOV.UK, Trade Marks Timeline).

Stage What happens Typical duration
Examination UKIPO reviews distinctiveness and searches for conflicts Within 2 weeks of filing
Objection response (if needed) Applicant addresses examiner’s concerns in writing Up to 2 months
Publication in Trade Marks Journal Mark is open to public inspection and opposition 2 months
Opposition window Third parties may file an opposition to the application 2 to 3 months
Registration Certificate issued if no unresolved oppositions remain Approximately 2 weeks after close

Source: GOV.UK, Trade Marks Timeline.

Total typical timeline: 3 to 4 months from filing to certificate for an uncontested application.

Step 5: Registration, renewal and keeping your trademark alive

Once your trademark is registered, you receive a certificate and can use the ® symbol. The registration lasts ten years from the filing date and must be renewed every ten years to stay in force. From April 2026, the online renewal fee is £245 per class. Renewal can be filed up to six months before the expiry date; a six-month grace period also applies after expiry, though a surcharge is added.

A registered trademark that is not used in commerce for a continuous period of five years becomes vulnerable to a revocation action by a third party on grounds of non-use. Genuine use means real commercial use in the UK in relation to the specific goods or services on the register — not a token or nominal use. Build a basic evidence file from day one: dated invoices, website screenshots and marketing materials. This takes five minutes now and can save your registration later.

Does a UK trademark still protect you in the EU after Brexit?

No. Since 1 January 2021, a UK trademark registration has no effect in the EU, and an EUTM (EU trademark) has no effect in the UK. Businesses that held EUTMs before Brexit automatically received “comparable UK marks”: cloned registrations at no extra cost. However, from 1 January 2026, EU use no longer counts as UK use for these cloned marks. If you cannot demonstrate genuine UK use, a competitor can apply to revoke your comparable UK mark (Edwin Coe LLP, 2025). This is a live risk for any business that has traded primarily in EU markets since 2021.

Factor UK trademark (UKIPO) EU trademark / EUTM (EUIPO)
Territory covered England, Scotland, Wales and Northern Ireland All 27 EU member states
Filing body UK Intellectual Property Office (UKIPO) EU Intellectual Property Office (EUIPO)
Post-Brexit status Required separately since 1 January 2021 No longer covers the UK
Use requirement 5 years’ genuine UK use to avoid revocation 5 years’ genuine EU use to avoid revocation
Online filing fee, first class £205 from April 2026 Euro fees for 27-country coverage

If your business trades in both the UK and EU, you need two separate applications. A solicitor can help you assess which territories matter most and sequence filings to manage overall costs.

What are the most common trademark registration mistakes to avoid?

Most trademark application problems trace back to a small set of avoidable errors. Getting these right before you file is far cheaper than fixing them after submission.

1. Skipping the pre-application search. Filing without searching is the single most common source of rejected applications and costly opposition proceedings. Always check the UKIPO register, Companies House and a basic internet search before committing to a mark.

2. Choosing the wrong class or too few classes. A SaaS startup that registers in Class 35 (business services) but omits Class 42 (technology and software services) may have no protection over its core product. Classes cannot be added after filing.

3. Filing a descriptive or generic mark. “London Tech Solutions” is very unlikely to pass examination because it describes the geographic origin and the nature of the business. The UKIPO will object, and you will need to amend the mark or file an appeal.

4. Assuming a company name equals a trademark. Registration at Companies House and trademark registration are entirely separate legal acts. A registered company name does not give you IP rights over that name. Another business could register it as a trademark and force you to rebrand (GOV.UK).

5. Ignoring renewal deadlines. A lapsed trademark falls back into the public domain. Competitors can then register it. Set a calendar reminder for the renewal date from the moment you receive your certificate.

Frequently Asked Questions

How long does trademark registration UK take?

A standard, uncontested UK trademark application typically takes 3 to 4 months from filing to registration. This covers the examination stage, a two-month publication window for third-party oppositions and the final registration step. If the UKIPO raises an objection or a third party files an opposition, the process can take considerably longer — in some cases 12 to 18 months (GOV.UK, Trade Marks Timeline).

Can I register a trademark myself without a solicitor?

Yes. The UKIPO’s online TM3 service is designed to be accessible to individual applicants. However, professional advice is worthwhile if your mark is unusual, your class selection is complex or you are operating in a sector with many existing registered marks. Errors at the application stage — particularly in class selection — cannot be corrected after filing, and a solicitor’s fee is modest compared to the cost of a rejected application or a forced rebrand.

What is the Right Start scheme and is it worth using?

The Right Start scheme lets applicants split the UKIPO fee into two instalments: £125 upfront and £135 to proceed after receiving the examiner’s initial assessment. It is particularly useful for first-time applicants who want early confirmation that the UKIPO is unlikely to object before paying the full fee. The total cost from April 2026 is £250 for one class. It does not affect the examination process itself, only the payment structure (GOV.UK, Register a trade mark).

Does a UK trademark cover Scotland and Northern Ireland?

Yes. A UK trademark registered with the UKIPO covers England, Scotland, Wales and Northern Ireland. It does not cover the Republic of Ireland or any EU member state. If you trade in Ireland, you need a separate application to the EUIPO for an EU trademark or to the Irish Patents Office for an Irish national trademark registration.

How long does a UK trademark last?

A UK trademark lasts ten years from the date of the original application and can be renewed every ten years indefinitely, provided renewal fees are paid and the mark is in genuine commercial use. From April 2026, the online renewal fee is £245 per class (GOV.UK, New fees from 1 April 2026). There is no maximum duration: a well-maintained trademark can remain on the register permanently.

What happens if someone infringes my UK trademark?

If a third party uses an identical or confusingly similar mark for the same or similar goods or services without your consent, you can take civil action for trademark infringement. The first step is usually a solicitor’s cease-and-desist letter. If that fails, court proceedings can follow. The ® symbol notifies others of your rights and strengthens your position in any dispute. Contact our solicitors if you believe your trademark is being infringed.

Ready to protect your brand?

Registering a trademark is one of the most valuable steps a business can take to secure its identity. The UKIPO process is straightforward if you prepare properly: search thoroughly, choose the right classes and file online. If you would like support from an experienced solicitor, or if your situation is more complex, get in touch with ApexCounsel. You can also explore our full range of IP and commercial legal services for Cambridge businesses and UK SMEs.

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