How to register a trademark

A trademark protects your business identity and stops copycats taking advantage of your success. Find out how to register a trademark name and logo in this handy guide.

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Trademarks are an important - and valuable - business asset. Protect your business name and reputation with one. As a result, benefit when you start a trade business or if you're already well-established.

What's more, a registered trademark carries the all-important ® symbol next to it to show you are the legal owner of the name or logo. The ™ trademark symbol usually shows a business is applying to use a trademark.

The ™ symbol means the name or logo has not been legally registered. That said, it does show that you are serious about how your business name or logo is used.

Why it pays to register a trademark

Above all, a standout name gets your trade business noticed. Knowing how to register a trademark business name is a key step in doing this.

Your immediate thought might be 'But how much does it cost to register a trademark?'. But you should also look at the benefits of having a trademark.

Use a prominent brand name or logo on your:

• Vehicles

• Uniforms

• Website

• Social media

• Paperwork

Firstly, you stand out. Secondly, you win more work. A trademarked name or logo is an easily identifiable asset.

Trademarks count as business expenditure

Likewise, think of your business name as a business asset. Paying to register a trademark is a type of capital expenditure. Just like the money you spend on our vehicles, equipment or buildings.

A memorable business name helps you succeed. So, it has value – like other business assets.

What is capital expenditure?

Running a business without a building, office, vehicle or equipment would be hard. Capital expenditure is the cost of buying these essential types of business assets. To be a capital expense you usually need to own the asset and keep it for several years. Why is capital expenditure important

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When you conduct business online, especially your website, your name can be seen throughout the UK. Maybe even the world. That makes it even more important to protect it from being copied by applying for a trademark.

When you think about how to register a trademark business name, remember it helps to:

• Show you are the legal owner of the name and brand

• Build the reputation of your business to help you grow

• Win business because people notice and remember brand names

• Protect your business name – and reputation

• Prevent other businesses from using your name

• Make it easier to take legal action against people using your trademarked name or something that looks similar

• Save money by not having to change your unregistered business name if it has already been registered as a trademark by someone else

• Show you are a professionally run trade business

How to register a trademark

It's best to think about a trademark when you start your trade business. But it's never too late.

First, check that you can use the trademark you want. Then, decide what trademark class your work best fits.

How to find out if a trademark is registered

Before you apply to register your trademark, search the trademarks database. Check if anyone has registered the same or similar trademark for the same or similar goods or services.

Choose from 45 trademark classes. These are divided into different industries and areas of business. You can register a trademark for your brand if it's in a different class to a trademarked brand in another class.

As well as the UK database, check the EU trademarks register on the European Union Intellectual Property Office website. This shows if any EU applications were 'pending' on 1 January 2021. These applications have priority.

Understanding trademark classes

Part of knowing how to copyright a name is understanding trademark classes. This classification system specifies the goods and/or services you offer.

The classification system groups similar goods and services into 45 different classes and is used worldwide.

• Goods are in classes 1 - 34

• Services are in classes 35 - 45

Applying to register your trademark

Check your trademark name isn't already registered. Decide which classes you want to register in. Now, apply to register your trademark.

Trademark rules

Know the rules on what you can and can't register. Your trademark must be unique. It can include: unique and can include words, sounds, logos, colours, or a combination of these things.

• Words

• Sounds

• Logos

• Colours

• Combinations of these

Your trademark cannot be:

• Offensive

• Misleading

• A 3D shape

• Too common or non-distinctive

• Look too similar to country symbols, like flags

• Describe the goods or services it relates to in a generic way

Here's the full list of what you can and cannot register.

How long does a trademark take to register?

Once you've submitted your application, you'll get feedback in up to four weeks. If the examiner has no objections to your application, it will be published in the trademarks journal for two months.

During this period, anyone can oppose it. If that happens, any opposition has to be resolved before your trademark can be registered.

If there is no opposition, you must wait two weeks after the end of the opposition period. Then, your trademark can be officially registered.

How much does it cost to register a trademark?

Register your trademark online or with a paper application that you sent by post. The costs are:

• A single online trademark application covering one class is £170.

• A paper application for a trademark covering one class is £200.

• Each additional class (for online and paper applications) is £50.

Renewing your trademark

Your trademark will be valid for 10 years. After that, you'll need to renew it. It costs £200 to renew a trade mark for the first class of goods or trades. It costs £50 for each extra trade class. These costs apply to both online and paper renewals.

Trademark costs can reduce your taxable profits

Treat the cost of registering a trademark as business capital expenditure. Reduce your tax bill by writing off the cost of registering the trademark evenly over the 10 years that it is valid. Write-off against your profits is also called depreciation.

How to register a trademark worldwide

To register a trademark worldwide, you'll need to apply to the trademark office in each country you want your brand protected in.

However, to speed up the process, you can use the European and international application systems as long as you've registered your trademark in the UK first.

• The World Intellectual Property Organisation (WIPO) controls trademarks globally. Here's a list of countries the trademark application can cover.

• The European Union Intellectual Property Office (EUIPO) looks after European trademarks in the EU

Grow your trade business

With your business name protected by a trademark, you can think of ways to grow. We can help by giving Checkatrade members our support with new enquiries. There are lots of other benefits of Checkatrade membership too.

They include:

• Dedicated membership advice team

• Work guarantee up to £1,000

• Exclusive offers and discounts

• Up to 20% off Public Liability Insurance

• Reduced cost of workwear and branding

• Savings on other business essentials such as vans, fuel and materials

Is Checkatrade worth it?

Find out whether Checkatrade membership is worth it for your business. Learn about lead generation, membership costs, ROI, reviews, and how to win more high-quality leads.

Learn more

FAQs

Do I need a lawyer to register a trademark?

Probably not. For most basic trademark registrations, you should be able to do it yourself. You can apply to register your trademark online or by sending the application by post.

Is it worth registering a trademark?

When you trademark your brand you can sell and license your brand, you can use the ® symbol next to your brand to show you own it. You can take legal action against anyone who uses your brand without your permission.

How long does a trademark take to register?

Firstly, you're looking at about four weeks from when you apply to register a trademark to receive feedback on it. If this stage is okay, your application must then appear in the government's trademarks journal for two months. During this period, if there is any opposition to your application, this has to be dealt with. If there is no opposition, then two weeks after the end of the two-month opposition period you can officially register your trademark.

What are trademark classes?

Trademarks are divided into classes in a global classification system that specifies the goods and/or services you’ll be using the trademark on. There are 45 classes for trademarks.

How much is it to register a trademark?

To register a trademark in a single class online costs £170 and a paper application is £200. Each additional class costs £50. You have to renew trademarks (at the same initial registration cost) every 10 years.

Content disclaimer: This content has been created for general information purposes and should not be taken as formal advice. Read our full disclaimer here.