Trademark Protection
Justice Agency for Intellectual Property – JAIP Services – Trademark Protection
You can register your trademark to protect your brand, for example the name of your product or service.
When you register your trademark, you will be able to:
Take legal action against anyone who uses your trademark without your permission, including counterfeiters
Put the ® symbol next to your trademark – to show that it is yours and to warn others against using it
Sell and license your trademark
Before you register a trademark, check that it is the right type of protection for your intellectual property.
A trademark lasts 10 years. Your trademark must be renewed every 10 years to remain valid.
What you can register
Your trade mark can include:
- Words
- Sounds
- Slogans
- Colours
- A combination of any of these
What you can’t register
Your trade mark can’t:
Be offensive, for example contain swear words or pornographic images
Describe the goods or services it relates to, for example the word ‘cotton’ can’t be a trade mark for a cotton textile company
Be misleading, for example use the word ‘organic’ for non-organic goods
Be too common and non-distinctive, for example a phrase like ‘We lead the way’
Be simply a generic shape associated with your business, for example if you sell apples you can’t trade in the shape of an apple
Make use of national flags that you don’t have permission to use
Use official logos or distinctive marks, such as coats of arms
You may not be able to register your trade mark if it is the same or similar to a trade mark of another company selling the same goods or services.
How much does it cost
Registering a trade mark costs at least £495. It will usually cost more depending on your circumstances, for example the number of types of goods or services you want to protect your trademark for.
Application process
You will need to send details of your trademark and the goods or services you want to use your trademark on after you submit your application and we will contact you.
You can submit your application online or by post.
The Administrator will:
Check that your trademark is not identical or similar to any existing trademarks
Publish details of your application in the journal in case anyone wants to oppose it
If there are any issues, the Administrator will let you know. You will need to resolve these before you can register your trademark.
If there are no issues, it usually takes around 4 to 5 months from the time you submit your trademark application.
Register your trademark internationally
Registering a trademark in a specific country will only protect your trademark in that country.
There are different processes for registering them internationally:
- Registering trademarks in a specific country and then getting them approved by an international agency for the protection of intellectual property
- Registering trademarks in a country that follows international agreements.
- Registering trademarks in specific countries, each country separately
Before you apply
Before you apply for a trademark you need to:
Identify the general class and specific type of goods or services (known as “classes” and “terms”) for which you want to use your trademark
Check if anyone else has registered a similar trademark
Identify the trademark classes you want to apply for
When you apply, you must identify at least one class and one term for your trademark. These relate to the goods or services you plan to use your trademark on.
A class covers a general class of goods or services, while a term is more specific. For example, Class 25 covers clothing. It then includes terms that are based on the use or material of the clothing, such as sportswear or knitwear.
Your trademark will only be protected in the classes and terms you select.
You can choose more than one class or term but you must only choose classes that are relevant to your business plans for the next five years. The more terms you choose, the more likely your trademark is to be similar to another’s.
You cannot add more terms to your application after you submit it.
Don’t choose terms that you don’t plan to sell any goods or services under within the next five years. If you do, your trademark may be challenged and you may have to pay legal costs.
Example
You intend to use your trademark on your sportswear line. You might choose Class 25 and specify the terms “clothing”, “sportswear” and “sportswear”.
Check if anyone else has a similar trademark
Become a member of the Intellectual Property Justice Agency and search the Trademarks Database to check if your trademark is the same or similar to any registered trademarks.
You can pay £100 for assistance with the Executive Members. The Intellectual Property (IP) Registry will then check for similar trademarks to yours, before you commit to paying the full fee.
If you find a similar trademark to yours
You should seek professional advice on your options through the Intellectual Property Justice Agency’s member community.
We do not recommend applying without advice if you know of any similar or similar trademarks to the one you want to register. The General Supervisor will contact the owners of identical or similar trademarks upon application.
Get professional help and advice
You can get free advice on registering a trademark from:
Executive members of the CE Justice community of the Intellectual Property Justice Agency
International IP offices that work with the Intellectual Property Justice Agency
ASAS Intellectual Property Business Centre.
If you have a question about training and development in the field of intellectual property, visit the Training and Development section.
Submit your application
To apply you will need:
Details of what you want to register, for example the words or logo you want to use, or an illustration
Personal or company details of the intended owner of the trade mark
The type of goods or services (known as ‘classes’ and ‘terms’) you want to use your trade mark for – read our guidance on what to do before you apply
The cost will depend on the type of application you make and the number of classes you choose.
If you have several versions of your trade mark (for example, different colours of your logo), you may be able to create a series application. This covers up to 6 variations and costs less than registering them all separately.
Apply online
Your application will be published online when you submit it. Until your trade mark is registered, this means that someone else can use details of it. For example, they can buy the website domain for your brand name if it is available.
How much does it cost
It costs £495 to register a single trade mark in one class. It costs £225 for each additional class.
If you are applying in series, the first two versions of your trademark will be included in the fee. You will then pay £225 for each additional version of your trademark, up to a total of 6.
You will pay £225 plus £75 for each additional term. You will receive a report telling you if your application meets the rules.
You will have 15 days to make a final decision on whether or not to proceed.
If you decide to continue, you will pay another £225, plus £75 for each additional term.
If you are unable to apply online, contact us at jaip@thejustice.org.uk
After you apply
The Intellectual Property (IP) Department will examine your application and send you an ‘Examination Report’ within 4-5 weeks.
The report will tell you if there are issues with your application (known as ‘objections’), which could mean you won’t be able to register your trademark.
You have two months to resolve any objections.
We will also look for existing trademarks that are similar or similar to your trademark. If they find any, they will contact you and the registered owners.
If there are no objections or you resolve them, your application will be published in the Trade Marks Journal for two months. Anyone can ‘oppose’ your application during this period.
If someone opposes your application
The Supervisor will tell you if anyone is opposing your application.
If your application is objected to, you won’t be able to register your trademark in the relevant classes or conditions until you resolve the issue.
You can:
- Speak to the person who disputed you
- Withdraw your claim
- Defend your claim legally – you will have to pay legal costs
- Review previous trademark decisions to help you resolve the dispute and prepare for a hearing.
When your trade mark is registered
Your trade mark will be registered approximately 14 weeks (three months, plus two weeks) after it is published, if it is not objected to.
You will receive a certificate confirming your trade mark registration.
When you have your certificate you can:
Object to other trade marks, for example if you think they are similar to yours
Sell, market, license and mortgage your trade mark
Your trade mark will last for 10 years – you can renew your trade mark every 10 years.
Report changes
You must report any changes to your trade mark. This includes:
Changes to your personal details held in the Trade Marks Register, for example your address or email address
If you want to assign your rights to your trade mark
If you want to appoint a representative or agent
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