How do I register a trademark?

Question

I have built up a brand name for my small business and want to protect it before someone else uses it. How do I register a trademark and is it worth the cost?

Owen Kelly · Accepted Answer

You register a trademark by applying to the UK Intellectual Property Office, and it protects a sign such as your brand name or logo in relation to particular categories, called classes, of goods and services. Before applying it is important to search the existing trademark register and the wider market to check that your name is available and does not conflict with an earlier mark, because an application can be opposed. You choose the classes that match what your business actually sells, describe the mark clearly, and pay the fee, which increases with the number of classes. Once granted, a registered trademark lasts ten years and can be renewed indefinitely. The big advantage of registration is that it gives you an exclusive right to use the mark for those goods and services and makes it much easier and cheaper to stop other people from using it.

Daniel Peterson · Answer

It is usually worth it if the brand matters to your business. Without registration you have to rely on the law of passing off to stop copycats, which is harder and more expensive to prove because you have to show established goodwill and that customers are being misled. Registering the right classes from the start, and getting the search done properly, avoids costly gaps and objections, so many businesses take advice on the classes even if they file themselves. This is general guidance rather than advice on your specific brand.

How do I register a trademark?

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