A UK trade mark is registered with the Intellectual Property Office (IPO), costs £205 online for one class of goods or services plus £60 for each extra class, and lasts 10 years before it must be renewed. Registration gives a property right you can enforce, license and sell; without it, the only remedy against a copycat is a passing off claim, which means proving the goodwill of your business.

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What does registration actually give you?

Section 2(1) of the Trade Marks Act 1994 describes a registered trade mark as a property right obtained by registration. GOV.UK guidance lists what that means in practice: you can take legal action against anyone who uses your brand without permission, including counterfeiters; you can put the ® symbol next to it; and you can sell and license it. Once the certificate is issued you can also object to other applications you consider similar, and sell, market, license or mortgage the mark.

The protection is territorial. A UK registration covers the UK and the Isle of Man only, and separate processes apply for Guernsey, Jersey and other countries. It is also limited to the goods and services you list, which is why the choice of classes is the most important decision in the application.

HMRC’s Capital Gains Manual at CG68220 notes that a registered mark gives the holder a monopoly over its use for the registered classes and that it is relatively easy, fast and inexpensive to act against infringement, compared with an unregistered mark.

What can and cannot be registered?

A trade mark can include words, sounds, logos, colours or a combination of them. The IPO will refuse marks that:

  • describe the goods or services, such as “Apple” for a business selling apples (though the same word could be registered for computers);
  • are too common or non distinctive, such as a slogan like “we lead the way”;
  • are offensive or misleading, such as “organic” for goods that are not organic;
  • are just a generic shape associated with the business;
  • use national flags, official emblems or hallmarks without permission.

You may also be unable to register a mark that is the same as, or similar to, another business’s mark for the same goods or services. Registering a company name at Companies House is not the same thing: GOV.UK guidance warns that if a company name is too similar to another business’s trade mark, you may have to change it if someone complains. The same warning applies to sole trader trading names.

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How do classes and terms work?

Every application must select at least one class and at least one term. A class is a general category, and a term is a specific description within it; GOV.UK’s example is class 25, which covers clothing, with terms such as “sports clothing” or “knitwear”. The mark is protected only for the classes and terms selected, and terms cannot be added after the application is sent.

The IPO advises choosing only classes and terms relevant to your business plans for the next five years. Over claiming has two costs. The more terms you list, the more likely the mark is to clash with someone else’s. And under section 46 of the 1994 Act, a registration can be revoked if it has not been put to genuine use in the UK for the registered goods or services within five years of registration, or if use has been suspended for five years, without proper reasons.

What does it cost and how long does it take?

Route First class Each extra class
Standard online application £205 £60
Right Start, first payment (check before committing) £125 £30
Right Start, second payment to continue £125 £30
Paper application £250 £60

A series application can cover up to six versions of a mark, such as a logo in different colours; the first two versions are included and each additional version costs £60. Under Right Start you receive a report saying whether the application meets the rules and have 28 days to decide whether to continue.

The IPO sends an examination report within two to three weeks. You then have two months to resolve any objections. If there are none, the application is published in the trade marks journal for two months, during which anyone can oppose it. If unopposed, the mark is registered around 10 weeks after publication, and the whole process usually takes about three to four months. Applications are published on GOV.UK as soon as they are made, so secure the matching website domain before you file.

What does it cost not to register?

Section 2(2) of the 1994 Act says no proceedings lie to prevent or recover damages for infringement of an unregistered trade mark as such, but the law of passing off is preserved. CG68210 explains why passing off is a weaker tool: it protects the goodwill and reputation of the business rather than the name or logo itself, and the claimant must prove that goodwill existed in the mark. A new business with little trading history may struggle to do that.

The other costs are practical. A competitor can register a similar mark first and then object to yours, which can force a rebrand of signage, packaging, domain and stock. An unregistered mark also cannot be sold separately from the business; CG68210 says it is an intrinsic part of goodwill and is not capable of assignment on its own.

Do not use the ® symbol before registration. Section 95 makes it an offence to falsely represent a mark as registered, with a fine on summary conviction of up to level 3 on the standard scale.

Who should own the trade mark, and how is it taxed?

The application asks for the personal or company details of the intended owner. If a sole trader registers a mark and later incorporates, the mark stays with the individual until it is assigned or licensed to the company; this needs dealing with as part of the transfer (see moving from sole trader to limited company). CG68220 notes that a registered mark can be transferred with or without the goodwill of the business, and that HMRC treats it as an asset separate from goodwill which does not qualify for business asset rollover relief.

For a company, a trade mark is “intellectual property” and therefore an intangible asset for the corporate intangibles rules in Part 8 of the Corporation Tax Act 2009 (section 712). Under section 729, tax relief normally follows the amortisation or impairment recognised in the accounts, but under sections 730 and 731 a company can instead elect, in writing within two years after the end of the accounting period in which it acquires or creates the asset, to write it down at a fixed 4% a year. The regime is explained in intangible fixed assets, and the accounting in intangible assets under FRS 102.

What does this look like for a small business?

Illustration only. A start up selling its own sportswear online wants to protect its brand name for clothing and also for a planned range of bags. It applies online in two classes, paying £205 plus £60, a total of £265. If it chose Right Start instead, it would pay £125 plus £30 (£155) for the check and another £155 to continue, £310 in all, but with the option of stopping after the first report. It should not add classes for products it has no plans to sell within five years.

What mistakes come up most often?

  • Choosing a descriptive name that the IPO will refuse, then building the brand around it anyway.
  • Listing every possible term, which invites conflicts and challenges for non use.
  • Assuming a Companies House registration or domain name gives trade mark rights.
  • Using ® before the mark is registered.
  • Registering in the owner’s personal name without thinking about who should hold it once a company is formed.
  • Missing the 10 year renewal, after which the mark reverts to unregistered status.

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Reviewed by Christine Anderson, Broker, Solar Protect. Last reviewed 8 October 2026. Part of Accountapedia, the Solar Protect guide to UK tax and accounting. This page is general information, not personalised advice.