How to Register a Business Name as a Trademark in the UK (2026)

Before You Apply: The Search

Before paying the £170 application fee, search the UKIPO trademark database (trademarks.ipo.gov.uk) for: 1. Identical marks: Any mark that is character-for-character the same as yours in the same classes 2. Confusingly similar marks: Any mark that is visually, phonetically, or conceptually similar enough that consumers might be confused

• If an identical or highly similar mark exists for the same goods/services — your application will almost certainly be refused or opposed. Consider:
• Modifying your name (adding a distinctive element)
• Buying/licencing the existing mark
• Operating in a different geographic market

Also search: Companies House (company name conflicts), domain name registrations (to understand who else might have a legitimate interest), and the EU trademark register (EUIPO) if you plan to expand to Europe.

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Step 1: Choose the Right Nice Classes

The Nice Classification system (11th edition, revised) divides goods and services into 45 classes. Your trademark protects only the goods and services covered by the classes you register.

Most important classes for common business types:

• Technology/SaaS/Software:
• Class 42: Scientific and technological services; software as a service; computer programming; research and development

• E-commerce/retail:
• Class 35: Retail services; online retail services
• Relevant goods classes for what you sell (Class 25 for clothing, Class 14 for jewellery, etc.)

• Professional services/consulting:
• Class 35: Business management; marketing; advertising
• Class 36: Financial services (if applicable)
• Class 41: Education; training

• Marketing/media/content:
• Class 35: Advertising; marketing services
• Class 41: Publishing; online content creation
• Class 38: Telecommunications; online communication services

• Hospitality/food/drink:
• Class 43: Services for providing food and drink; temporary accommodation

Register only the classes you currently use or have clear near-future plans to use. Registering in all 45 classes to "cover everything" invites non-use challenges after 5 years. Each class beyond the first costs an additional £50 — keep it focused.

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Step 2: File the Application Online

Go to: ipo.gov.uk → Trade marks → Apply for a trade mark → Trade mark application form

• Complete:
• The mark: Enter the exact text of your name (word mark) or upload the image of your logo (figurative mark). A word mark protects the name in any font or style. A figurative mark protects the specific visual presentation.
• Nice classes: Select the relevant classes from the dropdown list, then describe the specific goods/services within each class
• Owner details: Name and address of the applicant (you personally, or your company — the mark should be owned by the company, not you personally)
• Payment: £170 for the first class (online)

Tips for the goods/services description: The description must be clear, precise, and self-contained. UKIPO provides acceptable term lists per class. Using terms from the acceptable list avoids back-and-forth with the examiner. Avoid overly broad terms ("all goods in class X") — examiners often require more specificity.

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Step 3: Examination by UKIPO

After filing, an examiner reviews your application:

• Absolute grounds for refusal (UKIPO may object):
• Descriptive marks: "Best Legal Services" — describes the service, not distinctive enough
• Generic terms: "Software" for software — no one can monopolise a generic term
• Deceptive marks: "Swiss Made" for products not made in Switzerland
• Contrary to public policy or morality

• Relative grounds for refusal (third party may object):
• Confusing similarity to an earlier registered mark in the same/similar classes

• If the examiner raises objections: you receive a letter explaining the grounds. You can:
• Argue against the objection (written submissions, evidence of use/distinctiveness)
• Amend the application (narrow the class description, modify the mark)
• File a new application for a modified mark

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Step 4: Publication and Opposition Period

If the examiner accepts the application: the mark is published in the UKIPO Trade Marks Journal — publicly notifying third parties and starting the 2-month opposition window.

During these 2 months: any third party who believes your mark conflicts with theirs can file an opposition. The opponent pays a £200 filing fee (recently introduced to reduce frivolous oppositions).

If no opposition is filed: UKIPO registers the mark after 2 months and issues a certificate of registration. You can now use ® and enforce the mark.

If an opposition is filed: Formal opposition proceedings begin — managed by UKIPO. Timeline: 12–24 months. Costs: legal representation typically £3,000–15,000 depending on complexity. Most oppositions are settled by negotiation before a full hearing.

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After Registration: Maintaining Your Trademark

Renewal: UK trademarks are initially registered for 10 years. Renewal fee: £200 per class (online) — due every 10 years. No renewals until year 10; UKIPO sends renewal reminders.

Use requirement: A UK trademark that is not put to genuine use in the UK within 5 years of registration (or any 5-year period after) can be revoked by a third party for non-use. Keep evidence of use (invoices, website screenshots, advertising materials dated throughout the registration period).

Watch services: Consider using a trademark watch service (£100–500/year) that monitors new UK/EU trademark applications for similar marks and alerts you — enabling you to oppose them before they are registered.

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FAQs

Can I register a trademark before I start using it? Yes. UK trademarks can be registered on an "intent to use" basis — you don't need to be actively trading under the name yet. However, you must put the mark to genuine use within 5 years or face revocation.

What is the difference between a word mark and a figurative mark? A word mark protects the text (letters/numbers) of your name regardless of font, colour, or stylisation. A figurative mark protects the specific visual presentation — the logo with its specific colours, font, and design elements. For maximum protection: register both — the word mark and the logo as a figurative mark. In the same application, they count as separate marks (separate fees).

How do I stop someone using my name if I've already registered? Send a cease and desist letter (yourself or via a solicitor) first — most infringers stop upon receiving a formal letter from a trademark owner. If they don't stop: apply for an interim injunction (emergency court order preventing continued use while proceedings continue) or commence trademark infringement proceedings.

What if my chosen name is already registered in another class? You can still register and use it — as long as your use and registration are in different Nice classes covering genuinely different goods/services. Trademark rights are class-specific. A "Nova" trademark in Class 25 (clothing) doesn't prevent a "Nova" trademark in Class 42 (software) — unless the marks are so well-known that confusion would arise regardless of class.

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