A practical guide to registering a trademark for your UK startup

Why trademarks matter for startups

Your startup’s name, logo and taglines are often your most visible assets. Registering them as trademarks gives you exclusive rights to use those signs in connection with your goods or services across the UK. It lets you stop copycats, adds value to your business and can reassure investors that you are serious about your brand.

Without a registered trademark, you may still have some protection through unregistered rights (passing off), but enforcing those is slower, more expensive and harder to prove. For a small startup, a registered trade mark provides a clean, cost-effective way to safeguard your brand identity.

This guide walks through the UK process, but it is not legal advice. If you are unsure about any step, speak to a trade mark attorney or solicitor.

Before you apply: clearing your mark

Before you invest time and money, you need to check that your chosen mark is not already taken. The UK Intellectual Property Office (IPO) will object if your application conflicts with an earlier registration.

Start with a free search on the UK IPO’s online trade mark register. Look for identical or similar marks in the same or related classes (goods or services). Also run a broader internet search, check Companies House for trading names and look at domain names and social handles. A conflict here does not automatically block registration, but it flags potential disputes you could avoid.

A clearance search is not just about identical names. Similar-sounding words, visual likeness or marks covering goods your startup might expand into can all cause problems. If your budget allows, consider instructing a professional search from a trade mark attorney. They will interpret the results for you and highlight risks you might miss.

Choosing the right trademark class

The UK uses the Nice Classification system, which groups goods and services into 45 classes. You must pick the classes your startup actually trades in now, plus any planned for the next five years. Each class you add increases the filing fee, so only cover what you genuinely need.

For a typical software startup, class 9 (software and apps) and class 42 (software as a service, design and development) are common. If you also sell branded merchandise, add class 25 (clothing) or class 16 (printed goods). Be specific in your list of goods or services. Using broad terms like “computer software” is fine, but adding unnecessary detail can limit future flexibility. The IPO offers a list of pre-approved terms to help you.

Take time here. You cannot later broaden the list of goods; you can only narrow it. Getting it right upfront saves money on refiling.

Filing the application

You file online through the UK IPO’s secure portal. The standard fee is £170 for one class, plus £50 for each extra class. You can opt for a slower postal application, but online is faster and cheaper.

You will need:

• A clear representation of your mark (a word mark, a logo, or a combination). A word mark gives you broader protection for the wording regardless of font or styling.
• The name and address of the applicant (your company).
• The list of goods and services aligned with the chosen class(es).

Once filed, you receive an application number and a filing date. The IPO aims to examine applications within about 20 working days, but times can vary. You cannot make major changes after filing, so double-check everything before submitting.

Examination and publication

A trade mark examiner reviews your application for two main things: absolute grounds (is the mark distinctive and not deceptive or offensive?) and relative grounds (does it conflict with earlier rights?). If they find issues, they issue an examination report and you have two months to respond. Typical objections include the mark being too descriptive (for example, “Fast Delivery” for a courier service) or too similar to an existing registration.

If you overcome any objections, or none are raised, the IPO publishes your mark in the Trade Marks Journal for two months. This is the opposition period. Any third party who believes your mark infringes their rights can file an opposition. For startups, a well-cleared mark rarely faces formal opposition, but it can happen.

Opposition and appeal

If someone opposes, the IPO will notify you and you enter a legal process that can include filing evidence, attending hearings and negotiating a settlement. Many startups choose to negotiate a coexistence agreement (where both parties agree to use their marks in defined areas) or, if the opposition is strong, abandon and rebrand. This is where having a trade mark attorney becomes invaluable. They can assess the strength of the opposition and advise on the likely cost and outcome.

If no opposition is filed, or the opposition is withdrawn, your mark proceeds to registration. You receive a registration certificate and can use the ® symbol next to your brand in the UK.

Maintaining your trademark

Registration is for ten years, but you have to actively use the mark. If you do not use it for five consecutive years, others can apply to revoke it. Keep records showing genuine use in the UK: invoices, screenshots, marketing materials, contracts.

You also need to renew every ten years and pay the renewal fee. The IPO will send reminders, but it is your responsibility to keep your contact details up to date. Many startups also set a calendar reminder a year before renewal to budget for the fee.

If you expand into new product areas, consider filing new applications for those classes rather than trying to amend an existing registration. And if you change your company name or the mark itself, you may need to file fresh applications or record the change with the IPO.

When to get professional help

You can file a straightforward word mark for a single class yourself. But for logo marks, multiple classes, or any doubt around clearance, involve a trade mark attorney early. They cost more upfront but can prevent an application being rejected or opposed, saving you a much larger headache later. The cost of an attorney-assisted filing often starts around £500 to £800 plus official fees, and many find it money well spent.

A registered trade mark is a durable asset. Treat it as part of your startup’s founding paperwork, build it into your IP strategy and you will have one less thing to worry about as you grow.