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Building a stand-out brand is something every UK business owner wants-but protecting what makes your business unique can feel overwhelming, especially when it comes to trade marks. Perhaps you’re wondering whether registering a trade mark is worth the effort and cost, or if simply using your name or logo is enough for legal protection. Getting this right matters: trade marks are not just about logos or catchy names, they’re your business’ identity and can be essential to your long-term success.
In this guide, we’ll walk you through the basics of registered versus unregistered trade marks in the UK, unpack what each means for your business and help you figure out which form of protection best fits your goals. Protecting your brand from day one is vital-so, let’s dive in.
What Is a Trade Mark?
A trade mark is more than just a logo or business name. It’s any sign, symbol, word, phrase, design, or even a specific colour that sets your goods or services apart from others in the market. Think about McDonald’s golden arches, Nike’s tick, or even distinctive slogans-these are all forms of trade marks.
- Word marks: Company names (e.g., “Sprintlaw”), product names, or slogans.
- Logo marks: Graphics or symbols unique to your business.
- Colour marks: Specific colours strongly linked to your brand.
- Shapes, sounds, or combinations: Jingles, packaging designs, or even movement marks.
In the UK, trade mark protection comes in two main forms: registered and unregistered. While both have their place, choosing the right strategy from the outset can save you headaches-and legal costs-down the track.
What Are Registered Trade Marks?
A registered trade mark is formally recorded with the UK Intellectual Property Office (“UK IPO”). As the owner, you receive exclusive legal rights to use that mark in connection with the goods or services you list in your application.
How Do You Register a Trade Mark?
You can register a trade mark by applying through the UK IPO. Here’s how the process generally works:
- Choose your mark: Decide whether you want to protect a name, logo, slogan, or another sign.
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Select the correct classes: There are 45 “classes” of goods and services. Your trade mark will only be protected in the classes you select, so make sure they cover what you’re selling-or plan to sell in the next five years.
Tip: Unsure about classes? See our guide to trade mark classes in the UK. - Check if your mark is available: Your trade mark must be unique and not too similar to an existing registered mark in your chosen classes. It also shouldn’t be offensive, misleading, or purely descriptive (for example, trying to trade mark “Best Pizza” for a pizza restaurant would likely fail).
- Submit your application: File your application with the UK IPO and pay the required fee.
- Wait for examination and publication: The IPO will review your application and, if it passes, publish it for opposition. If no valid objections arise, your trade mark will be registered.
What Protection Does a Registered Trade Mark Provide?
- Exclusive rights: You have the exclusive right to use your mark in connection with the registered goods and services.
- Clear legal ownership: The trade mark will appear in the UK IPO’s public register, making it easy to prove your rights.
- Use of the Ⓡ symbol: You can lawfully display the Ⓡ symbol, showing the world your mark is protected. (Using Ⓡ without registration is an offence.)
- Enforcement power: You can take straightforward legal action against infringers for trade mark infringement-all you need to show is that your mark is registered, and someone else is using it without permission in your registration class.
- Renewable protection: Registration lasts for 10 years, but you can renew it indefinitely.
To dive deeper, check out our guide on registering trade marks in the UK and EU, or visit our Trade Mark Registration Service page.
What Are Unregistered Trade Marks?
An unregistered trade mark is a sign, name, or logo that you use in business but haven’t formally registered with the IPO. You might see the ™ symbol on many brands-this typically means they’re using the mark and claiming it as their own, but haven’t registered it.
How Are Unregistered Marks Protected?
Protection for unregistered trade marks in the UK comes under what’s called the tort of “passing off.” This is a common law right, so it relies on you proving certain things in court, rather than having statutory protection. To win a passing off case, you’ll need to show:
- Reputation/goodwill: The mark is recognised by customers as linked to your business.
- Misrepresentation: Someone else is using your mark or a similar one, misleading customers into thinking their goods/services are connected to yours.
- Damage: You’ve suffered, or are likely to suffer, financial loss or damage to your reputation as a result.
Because you need to prove these points (often with evidence like customer surveys, invoices, or advertising history), enforcing rights in an unregistered trade mark can be far more difficult, expensive, and uncertain.
When Might You Use an Unregistered Trade Mark?
- If you’re launching a brand and aren’t sure if it will take off, you might use ™ for a trial period before committing to registration.
- For descriptive or generic marks that are unlikely to be accepted for registration, but still have some value to your business.
But beware: the legal risks and costs associated with enforcing your rights as an unregistered mark are significant. If your brand matters to your business, registering is usually the better route.
(You can find more on this topic in our article How Do I Copyright Something?, especially if you’re thinking about other forms of IP.)
Registered vs Unregistered Trade Marks: Comparing Your Options
Let’s break down the key differences between the two kinds of trade mark protection:
| Feature | Registered Trade Mark | Unregistered Trade Mark |
|---|---|---|
| Legal Status | Officially recorded with UK IPO | Based on use and reputation |
| Scope of Protection | Clearly defined, easier to enforce | Limited, must actively prove recognition |
| Symbol | Ⓡ | ™ |
| Duration | 10 years, renewable indefinitely | Ongoing, as long as reputation exists |
| Enforcement Process | Straightforward-trade mark infringement action | Through “passing off” claim (complex and costly) |
| Proof Required | Registration certificate | Must prove use, reputation, and actual damage |
| International Use | Can form basis for overseas protection | Difficult to enforce outside the UK |
| Transferability | Can be bought, sold, or licensed | Harder to transfer or assign |
Which Type of Trade Mark Protection Should You Choose?
If you’re serious about protecting your brand-and making your business easier to scale, sell, or franchise-registering your trade mark is generally the smartest move.
- Registered trade marks are best for key business assets-your main business name, your signature logo, or a distinctive slogan. They’re easier to enforce, offer national protection, and are valuable assets if you ever seek investment or a business sale. Find out how registered trade marks can play a role in valuing your business or selling your business.
- Unregistered trade marks might be acceptable for minor or short-term branding, or where you’re still validating your business idea. But keep in mind, if your brand builds up goodwill and recognition, it becomes increasingly vulnerable to copycats and competitors.
If you’re operating online-say through an online marketplace or e-commerce store-having registered trade mark protection can also make takedown requests (e.g., on Amazon or eBay) much more straightforward.
How to Get Started with Trade Mark Registration
Thinking about registering your trade mark? Here are your next steps:
- Identify what makes your brand unique. This could be a business name, logo, packaging shape, or even a product name.
- Research existing marks. Use the UK IPO trade mark search tool to make sure your proposed mark doesn’t conflict with an existing one.
- Choose your classes and draft your application. Be accurate and realistic-what do you sell now, and what will you offer in the next few years?
- Submit your application (or get expert help). The process isn’t complicated, but mistakes can be expensive or result in long delays. Consider having a trade mark lawyer review your application or handle the registration for you.
If you haven’t already formed your business entity, now’s a good time to think about your structure too. For more on the right fit, see Sole Trader vs Company.
Are There Any Drawbacks to Registering a Trade Mark?
For most businesses, the benefits of registration far outweigh the drawbacks. However, keep in mind:
- Cost: Registration involves official fees (these can add up if you want to protect your mark in multiple classes, or internationally).
- Ongoing management: You’ll need to renew your registration every 10 years and monitor for infringement.
- Limitations: Registration only protects the mark in the exact form and classes registered. If your branding evolves or you branch into new markets, you may need to file fresh applications.
Still, these are minor compared to the peace of mind-and legal power-you gain knowing your business is protected.
Key Takeaways: Trade Mark Protection for UK Businesses
- Trade marks protect your business’ unique identity-think names, logos, colours, and slogans.
- Registered trade marks offer strong, nationwide protection that’s clear, easy to enforce, and a true business asset. Mark them with Ⓡ.
- Unregistered trade marks are only protected through use and reputation, with legal recourse relying on complex “passing off” actions. Mark them with ™ (if at all).
- Registering your trade mark through the UK IPO is the optimal way to defend your brand, ward off competitors, and enhance business value.
- Legal DIY isn’t recommended for critical assets-get professional advice to draft and register your IP correctly.
- Laying the right legal foundations from day one sets you up for long-term growth and success.
If you’d like tailored advice on protecting your brand, chat to our team today on 08081347754 or at [email protected] for a free, no-obligations consultation. We’re here to help you make sure your business is protected from day one.
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