Choosing a business name feels like a branding decision, but protecting that name is a separate legal step. Registering a company at Companies House does not automatically give you a registered trade mark. If the name matters to your reputation, products or services, a UK trade mark can give you clearer rights to use, license and enforce the brand in the areas covered by the registration.
The process is handled by the UK Intellectual Property Office, usually called the IPO. A straightforward UK trademark application can be completed online, but the most important work happens before you submit: checking for conflicting marks and choosing the right classes of goods and services.
What a UK trade mark protects
A registered trade mark can protect a distinctive sign used to identify the commercial origin of goods or services. That may include a business or product name, logo or slogan. Once registered, the owner can use the registered trade mark symbol, license or sell the mark, and take action against certain unauthorised uses.
Protection is tied to the mark as registered and the goods or services listed in the application. That is why similar names can sometimes coexist in unrelated markets.
Check the name before applying
A strong application starts with a name that can distinguish your business from competitors. Purely descriptive or non-distinctive wording can be difficult to register. A name being available at Companies House or as a domain does not prove it is registrable as a trade mark.
Search the UK trade marks database for identical and similar marks before paying the application fee. Look beyond exact spelling because similar pronunciation, appearance or meaning can matter, especially where an earlier mark covers similar goods or services. If you find a close match, consider professional advice before filing.
Choose the correct trade mark classes
The UK uses the Nice classification system, which divides goods and services into 45 classes. Goods are in classes 1 to 34 and services in classes 35 to 45. Your registration only protects the classes and specific terms you select.
The IPO advises applicants to choose classes and terms relevant to what they genuinely plan to use within the next five years. You cannot add new goods or services to the same application after filing, so plan ahead without claiming areas you have no realistic intention to enter.
For example, a clothing brand may need class 25 for clothing, while other parts of the business may require additional classes depending on what it actually sells or provides.
How much does it cost?
From 1 April 2026, a standard online application costs £205 for one class, with £60 for each additional class. A paper application costs £250 for one class, plus £60 for every additional class. These are IPO filing fees and exclude professional fees if you use a trade mark attorney.
The IPO also offers a Right Start route, which lets you pay an initial fee for an early assessment before deciding whether to continue. It can suit applicants who want extra reassurance before committing to the full process.
How to file the application
Prepare the owner and mark details
You will need the details of the intended owner, the mark you want to register and the goods or services it will cover. Decide whether the owner should be you personally or a company, because ownership matters later if the brand is sold, licensed or reorganised.
Submit the application to the IPO
The online service asks for the mark, applicant details, classes and terms. Review everything carefully before submitting because the scope cannot simply be expanded later. Application information is published, so founders using a home address should understand that it may become public and consider an appropriate business or PO Box address where suitable.
Wait for examination
The IPO normally sends an examination report within about two to three weeks. The examiner checks for objections and searches for earlier identical or similar marks. If there is a problem, you are given an opportunity to respond.
Publication and opposition
If the application passes examination, it is published in the trade marks journal for two months. Third parties can oppose during that period, and someone considering opposition can extend the window to three months by filing the appropriate notice.
If nobody successfully opposes the application, registration normally follows shortly after the opposition period. A straightforward application can therefore reach registration in around three months, although objections or disputes can make the process longer.
Common mistakes new founders make
The first is assuming that forming a company protects the brand. Companies House registration and trade mark registration serve different purposes. The second is filing without checking similar marks. A conflict found after paying for packaging, a website and advertising can be much more expensive than an early search.
Another mistake is choosing classes based only on what sounds relevant. A class number is not a general badge for an industry; protection depends on the actual goods and services listed. A cheaper application is not good value if it fails to protect the areas where the business really trades.
How long does a UK trade mark last?
A UK registered trade mark lasts for 10 years and can be renewed every 10 years. Keep owner details current, monitor potentially conflicting marks and make sure the registration continues to reflect how the brand is used.
Useful next topics for founders include choosing a business name, registering a limited company and building a basic brand identity.
Frequently asked questions
Does registering a company name protect it as a trade mark?
No. Registering a company at Companies House does not automatically create a registered trade mark. You need to apply separately through the IPO if you want registered trade mark protection.
Can I trademark a name before I start trading?
Yes, provided the application is made in good faith for goods or services you genuinely plan to use. The IPO advises choosing terms relevant to your business plans for the next five years.
How long does an IPO trademark application take?
A straightforward application can be registered in around three months if there are no objections or oppositions. The IPO generally issues an examination report within two to three weeks, followed by a two-month publication period.
Do I need a solicitor or trade mark attorney?
No, you can apply yourself. Professional advice can be useful if a similar mark exists, your brand spans several classes, ownership is complicated or the application faces an objection or opposition.
Protect the brand before it becomes expensive to change
For a new company, the best time to think about trade mark protection is before the name is printed on products or built into a major marketing campaign. Search first, choose the correct classes, understand the current IPO fees and file with a clear idea of what the business needs to protect.
A registered trade mark can turn a valuable name into a more defensible business asset. For founders who expect a brand to grow, dealing with protection early is usually simpler than trying to fix naming conflicts after customers and commercial value have already accumulated.