How to Register a UK Trademark in 2026: A Step-by-Step Guide

Registering a UK trademark is one of the most valuable things a business can do to protect its brand. A registered trademark gives the owner exclusive rights to use a mark for the goods or services covered by the registration, and makes enforcement against infringers significantly easier than relying on the common law tort of passing off.

This guide walks through every stage of the UK trademark registration process under the Trade Marks Act 1994 ("TMA 1994") and the Trade Marks Rules 2008 ("TMR 2008"), as both stand in 2026 following the UK Intellectual Property Office (UKIPO) fee changes that took effect on 1 April 2026.

What is a UK trademark?

A trademark is a sign capable of distinguishing the goods or services of one undertaking from those of others (TMA 1994, s.1). It can take many forms: a word, a logo, a slogan, a colour, a sound, a three-dimensional shape, or any combination of these. The defining requirement is that the sign must be capable of being represented on the register in a clear, precise, self-contained, easily accessible, intelligible, durable and objective manner (the criteria from the European Court of Justice in Sieckmann v Deutsches Patent- und Markenamt [2002], retained in UK law post-Brexit).

A registered UK trademark gives its owner the exclusive right to use the mark in the course of trade for the goods or services covered by the registration, and the right to prevent others from using identical or confusingly similar marks for identical or similar goods or services (TMA 1994, s.10).

Why register (rather than rely on TM symbols)

Many businesses use the ™ symbol to claim trademark rights without registering. Legally, ™ is simply a notice that the user considers a sign to be their trademark. It carries no statutory protection. The only protection an unregistered mark enjoys is under the common law tort of passing off, which requires the claimant to prove three things (the so-called "classical trinity" from Reckitt & Colman Products Ltd v Borden Inc [1990] 1 WLR 491):

• Goodwill or reputation attached to the mark
• Misrepresentation by the defendant leading to confusion
• Damage suffered by the claimant as a result

Passing off is notoriously difficult and expensive to prove. By contrast, a registered trademark is presumed valid, easier to enforce under TMA 1994 s.10, and operates as a registered asset of the business that can be licensed, assigned, or used as security.

Step 1: Conduct a conflict search

Before filing, search the UK trademark register, the EU register (EUIPO), and the WIPO Global Brand Database for marks that could conflict with yours. A clearance search is not a legal requirement, but filing without one is a common cause of refusal under TMA 1994 s.5 (relative grounds for refusal) or, worse, of opposition by an earlier rights holder after publication.

The UKIPO offers a free online search at gov.uk/search-for-trademark, but the free search is a basic text match. It does not catch phonetic equivalents (e.g. "Cyte" vs "Sight"), conceptual similarities, or visually similar logos. A solicitor-led search considers the register strategically: not just whether an identical mark exists, but whether marks similar enough to give rise to a likelihood of confusion exist in the same Nice classes.

Step 2: Choose your Nice classes

The Nice Classification is an international system that groups all goods and services into 45 classes. Classes 1 to 34 cover goods, and classes 35 to 45 cover services. Some common examples:

• Class 9: Software, downloadable apps, electronic publications, scientific apparatus
• Class 25: Clothing, footwear, headgear
• Class 35: Advertising, business management, online retail
• Class 41: Education, training, entertainment, publishing
• Class 42: SaaS, IT services, scientific and technological services
• Class 45: Legal services, security services

You must file in every class that covers your actual or genuinely intended use. Filing in classes you do not use is risky for two reasons. First, the registration in those classes can be revoked for non-use after five years under TMA 1994 s.46. Second, in light of the Supreme Court's decision in Sky v SkyKick [2024] UKSC 36, applications filed without genuine intention to use in particular classes can be invalidated for bad faith under TMA 1994 s.3(6).

Step 3: Decide what to register

You have three principal options:

• Word mark: just the text of the brand name. This is the broadest protection because it covers the word in any font or styling. Recommended for almost every business.
• Figurative mark: a logo. Protects the specific visual representation but not the word in other styles.
• Combined word and figurative mark: word + logo lockup. Protects the specific lockup but offers weaker protection than separate filings.

Where budget permits, file the word mark and the logo as separate applications. This gives the strongest protection because the word mark covers the name in any font, and the figurative mark covers the specific logo regardless of the words around it.

Step 4: File the application (Form TM3)

UK trademark applications are filed on Form TM3 through the UKIPO online portal at gov.uk. The application requires:

• The applicant's full legal name and address (this becomes part of the public register)
• A representation of the mark (for figurative marks, in colour or black and white)
• The class numbers and a specification of goods or services in each class
• A declaration that the applicant has, or has a bona fide intention to use, the mark for the goods or services claimed (TMA 1994 s.32(3))
• Payment of the official fee

The specification of goods and services should be drafted carefully. Overbroad specifications attract objections and can later be vulnerable to bad-faith challenge. Specifications that are too narrow leave gaps in protection.

Step 5: Examination by UKIPO

Once filed, the application is allocated to a UKIPO examiner. Examination typically takes between two and six weeks. The examiner reviews the application on two sets of grounds:

Absolute grounds (TMA 1994 s.3)

These are inherent objections to the mark. They include lack of distinctiveness (s.3(1)(b)), descriptiveness (s.3(1)(c)), generic terms (s.3(1)(d)), deceptive marks (s.3(3)(b)), and bad faith filings (s.3(6)). The most common absolute-grounds objection is descriptiveness: marks that merely describe the goods or services (e.g. "PURE COFFEE" for coffee) cannot be registered without evidence of acquired distinctiveness through use.

Relative grounds (TMA 1994 s.5)

These are objections based on conflict with earlier marks. Under current UKIPO practice, the examiner identifies potentially conflicting earlier marks but does not refuse the application on relative grounds: those grounds can only be raised by the proprietor of the earlier mark by way of opposition after publication.

If the examiner raises objections, you have two months to respond. Responses can include legal argument, amendment of the specification, evidence of acquired distinctiveness, or in some cases a disclaimer or limitation. Many objections can be overcome with proper preparation.

Step 6: Publication and the opposition window

Once the examiner accepts the application, the mark is published in the UK Trade Marks Journal under TMR 2008 rule 16. Publication starts a two-month window during which any third party can file a Notice of Opposition (Form TM7) under TMA 1994 s.38. The window can be extended to three months by the opponent filing a Form TM7A (a "notice of threatened opposition") before the initial two-month deadline expires.

If an opposition is filed, you have two months from service to file a Notice of Defence and Counterstatement (Form TM8). If you do not file in time, your application is treated as abandoned. Opposition is a real risk: see our opposition defence service page and the related guide on defending oppositions for what to do if a TM7 lands on your desk.

Step 7: Registration and certificate

If no opposition is filed (or any opposition is dismissed), the mark proceeds to registration. The UKIPO issues a registration certificate and the mark is recorded on the register. Registration is backdated to the filing date for all enforcement purposes.

From registration, the trademark is valid for ten years (TMA 1994 s.42) and can be renewed indefinitely for further ten-year periods on payment of a renewal fee (Form TM11). The current renewal fee is £245 for the first class and £60 for each additional class.

What it costs in 2026

UK trademark registration involves two cost components: UKIPO official fees, and professional fees (if you use a solicitor or trademark attorney). From 1 April 2026, the UKIPO official fees are:

• Application: £205 for the first class, £60 for each additional class filed in the same application
• Renewal (every 10 years): £245 first class, £60 each additional
• Late renewal (within 6-month grace period): +£50 per class
• Notice of Opposition (Form TM7): £250
• Fast-track opposition (Form TM7F, limited grounds): £125

These were the first UKIPO trademark fee increases since 1998. For a full cost breakdown including professional fees and total examples, see our companion article UK trademark cost 2026: full breakdown.

Common pitfalls and how to avoid them

Wrong Nice classification

Filing in the wrong classes is the most common reason a registration fails to protect what the business actually does. A clothing brand that files only in class 35 (retail of clothing) has no protection against another business selling identical clothing in class 25 (clothing itself). Strategic class selection is part of the value of a properly advised application.

Overly narrow or overly broad specification

An overly narrow specification (e.g. "blue cotton t-shirts") leaves gaps. An overly broad one ("all goods in class 25") attracts objections and may be vulnerable to bad-faith challenge after Sky v SkyKick. The right specification reflects the actual or genuinely planned scope of use.

Filing the wrong type of mark

Many applicants file a combined word-and-logo mark thinking it protects both. It protects only the specific lockup. If the business later changes the logo, the new logo is unprotected. Word marks combined with separate figurative marks give broader, more flexible protection.

Ignoring objections

Examination objections come with a two-month response window. Failing to respond, or responding poorly, leads to refusal. Many objections that look fatal can be overcome with proper legal argument or by amending the specification.

Missing the opposition window

If a third party files a TM7 against your application and you do not file the TM8 counterstatement within two months, the application is treated as abandoned regardless of the merits.

Frequently asked questions

How long does UK trademark registration take?

A smooth UK trademark application takes four to six months from filing to registration certificate. Examination typically takes two to four weeks. Publication for opposition lasts two months. If there are no objections and no opposition, the certificate is issued shortly after the opposition window closes.

Can I file a UK trademark application myself?

Yes. The UKIPO accepts applications from anyone. However, applications drafted without legal advice are significantly more likely to face objections, to be filed in the wrong classes, or to be opposed. Professional drafting tends to pay for itself in avoided objections and stronger resulting protection.

What if my application is refused?

An examination refusal is not the end of the road. You have a right to a hearing before a UKIPO hearing officer, and any final refusal can be appealed to the Appointed Person or the High Court under TMA 1994 s.76 within 28 days of the decision. Many initial refusals are overturned on appeal or by amendment.

Do I need a UK trademark if I already have an EU trademark?

Yes. Since Brexit, EU trademarks no longer have effect in the UK. UK businesses with EU registrations granted before 1 January 2021 received automatic comparable UK rights, but trademarks filed at the EUIPO after that date cover only the EU and require a separate UK application for UK protection.

Can I register a trademark for a name I have not started using yet?

Yes, provided you have a bona fide intention to use the mark for the goods or services claimed (TMA 1994 s.32(3)). The mark must be put to genuine use within five years of registration, or it can be revoked for non-use under s.46.

How much does professional help cost?

Western Legal's UK trademark fees start at £350 (Tier 1 - review and file). Tier 2 (Standard, including conflict search and objection handling) is £550. Tier 3 (Premium with trademark watching service) is £850. Each is in addition to UKIPO official fees of £205 for the first class. Full pricing on the home page.