When people search trademark vs copyright UK, they are usually trying to work out which one protects their business, and the honest answer is: it depends what you are protecting. Trademarks cover brand identifiers, copyright covers creative works automatically, and trade secrets protect information you keep confidential. ApexCounsel helps founders choose correctly the first time.
What Is the Difference Between a Trademark and Copyright in the UK?
A trademark protects the signs that identify your business, such as a name, logo or slogan, while copyright protects the creative work itself, such as the text, image or code. In 2025, UK trade mark applications hit a record 203,194, up 17.3% on the year before, according to the UK Intellectual Property Office (IPO).
This distinction is at the heart of the trademark vs copyright UK question. A trademark is something you apply for, and the UK IPO examines, publishes and, if uncontested, registers it. Copyright is not administered by any government body: it exists the moment you create an original work, provided it meets the threshold of originality set out in the Copyright, Designs and Patents Act 1988 (CDPA 1988).
A UK trademark protects brand identifiers such as names, logos and slogans and must be actively registered with the UK Intellectual Property Office, typically costing from £205 for one class filed online (from 1 April 2026). Copyright protects original creative works automatically on creation under the Copyright, Designs and Patents Act 1988, with no registration system and no fee.
Both rights can sit on the same asset. A logo, for example, can be registered as a trademark to stop competitors using a confusingly similar mark, while the artwork itself is separately protected by copyright the moment it is drawn. Understanding which right does which job is the first step to protecting a business properly, and it is a question we field constantly at ApexCounsel from Cambridge founders launching a new brand.
| Protection | What it covers | How you get it | Typical cost | How long it lasts |
|---|---|---|---|---|
| Trademark | Brand names, logos, slogans and other signs distinguishing goods or services | Apply to register with the UK IPO | From £205 for one class online (from 1 April 2026) | 10 years, renewable indefinitely |
| Copyright | Original literary, dramatic, musical and artistic works, software code, databases | Arises automatically on creation, no UK registration | Free | Life of the author plus 70 years, for most works |
| Trade secret | Confidential business information: recipes, algorithms, client lists, processes | Keep it secret and take reasonable protective steps | Free to hold, cost sits in confidentiality measures | Indefinite, for as long as it stays secret |
What Does a Trade Secret Protect That Trademarks and Copyright Don’t?
A trade secret protects information that has commercial value precisely because it is not public, such as a formula, algorithm, pricing model or client list. The Trade Secrets (Enforcement, etc.) Regulations 2018, which implement an EU directive into UK law, gave businesses their first statutory definition: information that is secret, has commercial value, and is subject to reasonable steps to keep it that way.
Trademarks and copyright both require the protected material to be disclosed, in a register or in a published work. A trade secret works the opposite way: once the information becomes public, protection disappears. There is no application, no fee and no government office involved. The law instead expects the business to act, through confidentiality clauses, restricted access and clear internal policies.
[SOLICITOR INSIGHT] Businesses that lose trade secret disputes almost always lose on the “reasonable steps” test, not on whether the information was genuinely valuable. Without a paper trail of NDAs, access logs and staff training, a court is unlikely to treat the information as a protected secret at all.
This makes trade secret protection the right choice for information that would lose all its value if disclosed, such as a manufacturing process or a proprietary algorithm. It is the wrong choice for anything you want customers to recognise and associate with your brand, which is what trademarks exist for.
How Much Does It Cost to Register a UK Trademark?
From 1 April 2026, a UK trademark application costs £205 for one class of goods or services when filed online, plus £60 for each additional class, following the IPO’s first fee increase since 1998. Renewal at the 10-year mark costs £245 for the first class.
These fees cover the official filing only. Most businesses also budget for a clearance search beforehand, to check the proposed mark does not conflict with an existing registration. Compared with the cost of rebranding after a conflict is discovered post-launch, the registration fee is modest.
- £205: one class, filed online, from 1 April 2026
- £60: each additional class beyond the first
- £245: renewal fee at 10 years, first class
- £60: each additional class on renewal
You can prepare a first draft of your trademark application details using the ApexCounsel document creator, then have a solicitor check it before you file, which catches classification errors before they cost you a second application fee.
How Long Does UK Trademark Registration Take, and What Can Go Wrong?
An unopposed UK trademark application typically takes three to four months from filing to registration, according to IPO guidance, made up of an initial examination followed by a two-month publication window in which third parties can object. If someone opposes your mark, the process can extend well beyond that.
The publication period is where most delays originate. Industry data suggests around 5% of UK applications attract a formal opposition, most raised within that two-month window described in IPO opposition guidance, usually by a competitor who believes the new mark is too close to their own. Even without a formal opposition, examiners can raise objections on absolute grounds, such as a mark being too descriptive, which adds further delay.
The practical lesson is to run a clearance search before filing, not after. A conflict spotted at the search stage costs nothing beyond the search itself; the same conflict spotted during opposition can cost months of delay and further fees.
Do You Need to Register Copyright in the UK?
No. Copyright in the UK arises automatically the moment an original work is created and fixed in some tangible form, whether that is writing, code, a photograph or a piece of music. There is no UK copyright register, no application and no fee, under section 12 of the CDPA 1988.
UK copyright protection is automatic and unregistered. Under section 12 of the Copyright, Designs and Patents Act 1988, protection for most literary, dramatic, musical and artistic works lasts for the life of the author plus 70 years, after which the work enters the public domain and can be freely used by anyone.
This surprises business owners who assume copyright works like a trademark, with a formal application process. It does not, and no UK body issues copyright certificates. What we recommend to clients who anticipate a future dispute is to keep dated evidence of creation: source files, drafts, version history or a solicitor’s letter confirming the date of first publication. None of this is legally required to hold copyright, but it helps prove ownership if a dispute reaches court.
Who Owns Copyright Created by Employees or Freelancers?
Under section 11 of the CDPA 1988, where an employee creates a work in the course of their employment, the employer is the first owner of copyright, unless the employment contract says otherwise. The position is different for freelancers and contractors: absent a written assignment, the freelancer typically retains copyright even though the business paid for the work.
[CAMBRIDGE PERSPECTIVE] This catches out Cambridge tech startups that commission a freelance developer for early product code, assuming payment automatically transfers ownership. It does not. Without a written assignment clause, the founder may not own the codebase they have built their company on, a serious problem once an investor’s due diligence team asks to see it.
Can One Asset Be Protected by More Than One Right?
Yes, and for most growing businesses it should be. A software product is a useful example: the source code is protected by copyright automatically, the product name and logo can be registered as a trademark, and any proprietary algorithm can additionally be held as a trade secret if kept confidential rather than published.
[ORIGINAL ANALYSIS] In our experience advising Cambridge tech clients, businesses that protect IP most effectively rarely rely on a single right. They register the brand as a trademark early, since that is the asset competitors most easily copy; they rely on automatic copyright for code and content, backed by clear ownership documentation; and they hold anything genuinely proprietary, such as a scoring model, as a trade secret rather than disclosing it in a patent application.
The mistake to avoid is treating these three rights as competing options. They protect different layers of the same business, and layering them is usually cheaper than the cost of a single gap being exploited later.
Five Questions to Ask Before Choosing Your IP Protection
- Does the asset identify your brand to customers, such as a name or logo? If so, trademark registration is likely worth the fee.
- Is the asset a creative work, such as writing, code or design? Copyright already protects it automatically, but document the creation date.
- Would the asset lose its value if a competitor found out about it? If so, treat it as a trade secret and restrict access immediately.
- Was the asset created by a freelancer rather than an employee? Check whether you have a written assignment of copyright.
- Could more than one right apply to the same asset? Most valuable business assets benefit from layered protection rather than a single right.
When Should You Get Solicitor Advice Rather Than Handle It Yourself?
Straightforward matters, such as a first trademark filing for a clearly distinctive name, can be handled with a well-prepared DIY application. Advice becomes worthwhile once there is genuine ambiguity: a mark close to an existing registration, a freelancer dispute over code ownership, or a trade secret already shared without a signed NDA in place.
This is where ApexCounsel’s model differs from a traditional firm. You can draft the groundwork yourself using our document creator, whether that is an NDA or an IP assignment clause for a freelance contract, and then have a solicitor review it before it is relied on. If your situation involves a dispute, an opposition, or genuine uncertainty about which right applies, book a consultation and we will talk it through in plain English.
Frequently Asked Questions
Can I trademark a name that already has copyright protection?
Yes. Copyright in a name itself is generally weak or non-existent, since single words and short phrases rarely meet the originality threshold under the CDPA 1988. Registering the same name as a trademark is the more reliable way to stop competitors using it.
Do I need to register copyright before I can sue for infringement in the UK?
No. Because UK copyright arises automatically, you can bring an infringement claim without any prior registration, provided you can prove you created the work and when. This is why keeping dated evidence of creation matters, even though registration itself is not required.
How long does a UK trademark registration last, and what happens if I don’t renew it?
A UK trademark lasts 10 years from registration and can be renewed indefinitely for further 10-year periods, currently £245 for the first class. Miss renewal and there is a six-month grace period with a late fee, after which the mark is removed and becomes available for others to claim.
Is a trade secret still protected if an employee leaves and joins a competitor?
Generally yes, provided you took reasonable steps to keep the information confidential and the contract included appropriate restrictions. The Trade Secrets Regulations 2018 and the common law duty of confidence both continue to apply after employment ends, though enforcement requires evidence the information was actually used or disclosed.
Can I protect a business idea itself, rather than a specific work or brand?
Not directly. UK law protects the specific expression of an idea (copyright), the sign used to sell it (trademark), or confidential details of how it works (trade secret), not the abstract idea itself. This is why documenting the specific expression matters more than the idea.
What is the fastest way to check if a trademark name is available in the UK?
The UK IPO’s free online search tool checks existing registrations, though it does not catch unregistered rights or very similar marks that a solicitor’s clearance search would flag. For a name you intend to build a business around, a professional clearance search is worth the modest cost.
Investment in intangible assets, including intellectual property, reached £244.7 billion across the UK economy in 2023, up 6.3% on the previous year and now £85.3 billion higher than investment in tangible assets, according to the Office for National Statistics. Getting the basic choice between trademark, copyright and trade secret right is, for most SMEs, the cheapest step available in protecting that value. If you are still unsure which applies to your business, ApexCounsel’s IP services team can talk it through, starting from a straightforward, transparently priced conversation.
