Protecting a name, logo or brand is a vital step for businesses. Trade marks are often among the most valuable assets a business owns, they underpin brand recognition, customer trust and long-term growth. As specialist trademark solicitors, we support clients of all sizes, to register, enforce and maintain their trade marks, both here and overseas.
A registered trade mark not only provides stronger rights to protect your brand and clearer enforcement options against misuse, but also helps to secure the long-term value, distinctiveness and recognition of your brand.
What can I trade mark?
A trade mark can be registered for a wide range of signs that distinguish your goods or services from those of others. This includes:
- Words and names: Brand names, business names, slogans or personal names used commercially.
- Logos and designs: Visual symbols, graphics or combinations of text and images that represent your brand.
- Shapes and packaging: Unique product shapes, containers or packaging that are distinctive.
- Sounds, colours, and other non-traditional marks: Certain sounds (jingles), colours, smells or multimedia elements can be registered if they are distinctive and capable of identifying your goods or services.
Boyes Turner manages our extensive trade mark portfolio across multiple foreign jurisdictions. The specialist team is efficient, leverages strong relationships with international agents and provides practical, strategic advice in a cost-effective manner.”
Trade mark registration services
Trade mark applications need careful consideration to avoid potential pitfalls that can result in refusal, opposition, or limited or inadequate protection. Our experienced trade marks team not only file your trade mark(s) but considers every aspect of your mark and business, including its distinctiveness, the goods and services it covers, potential conflicts with existing marks, international protection, and long-term enforceability. We provide strategic advice at every stage to reduce risks, address objections, navigate oppositions, and ensure your trade mark delivers the strongest possible protection for your brand. Our services include:
Filing & examination
The UKIPO examines the application to confirm it meets the absolute grounds (i.e. distinctiveness, descriptiveness, etc.) for registration and will assess the specification of goods and services. If an objection arises, we will guide your response. Once accepted, your application is published in the Trade Marks Journal.
Opposition proceedings
Publication in the Trade Marks Journal triggers a two-month opposition period (extendable to three months if a third party files notice of an intention to oppose). We support you in contesting or settling oppositions effectively.
Searches & specification
We start with targeted trade mark clearance searches to ensure your proposed mark does not conflict with any prior registrations and prepare an application with a specification (this is a description of classes to which your mark will apply), tailored to your business.
Registration & renewal
If no objections or oppositions block your mark, registration is granted. A UK trade mark lasts 10 years and can be renewed for successive 10-year terms. Renewals can be filed within six months before the expiry date.
Trade mark management services
Owning a trade mark is only the first step in protecting your brand. Effective management ensures that your marks remain valid, enforceable, and strategically aligned with your business activities. Without proactive oversight, trade marks can lapse, be challenged, or fail to provide the protection you need. Our services include:
Brand monitoring
We assist in identifying unauthorised use of your marks in domain names and website content, helping you protect your reputation and revenue streams.
Licence & assignment support
If you need to commercialise your marks or permit a supplier or other third party to use them, we advise on and prepare agreements for use of your trade mark without compromising your rights. This could be as part of franchising or outsourcing arrangements, product development, or collaboration or joint ventures.
Portfolio strategy & advice
We help structure and organise your trade marks efficiently, advising on which marks to maintain, which to consolidate, and how to optimise protection across different markets.
Renewals & records of changes
We monitor renewal deadlines to ensure your marks remain active and record assignments, licences, and changes in ownership with the UKIPO to maintain enforceability.
Trade mark watch services
We review new applications submitted in the UK and internationally, alerting you to potential conflicts or infringements before they escalate.
Trade mark infringement & enforcement services
Even once it is protected by registration, a trade mark can be misused or infringed by third parties. Infringement occurs when another trader or business uses something in their branding that is identical or confusingly similar to your trade mark and that use relates to the same or similar goods or services as those covered by your registration. Unauthorised use can dilute the value of your brand, mislead customers, and/or cause you financial loss. For unregistered marks, you may be able to seek protection under the law of passing-off, however the legal proof required is more complex and the resultant remedies less predictable, making enforcement more time-consuming and costly. In the event of an infringement of your mark, we support you with enforcing your rights:
Cease & desist letters
We prepare targeted correspondence to put alleged infringers on notice and seek resolution without court involvement.
Early assessment & strategy
We evaluate the potential infringement, the strength of your mark and the claim, and the commercial impact and priorities to determine the best course of action.
Enforcement & litigation
If necessary, we manage proceedings in the High Court or the Intellectual Property Enterprise Court (IPEC) , seeking injunctions, destruction of infringing goods, and damages or an allocation of profits.
Negotiation & settlement:
Where appropriate, we advise on trade mark licensing, co-existence agreements, or negotiated settlements to resolve disputes efficiently.
International & EU trade marks
If you trade overseas, plan to do so, or have partners overseas, protecting your trade mark internationally is essential. A UK trade mark only grants rights in the UK market, so expanding protection into other relevant jurisdictions can be essential to ensure your brand is secure in key markets. Our services include:
Monitoring & enforcement abroad
We advise on enforcement options internationally and coordinate with local counsel where necessary, helping protect your brand against misuse or infringement globally.
National and regional filings
We advise on individual country applications and regional trade mark systems in priority markets including the US and the EU, considering local requirements, costs, enforcement options and post-Brexit implications.
Strategy & risk assessment
We evaluate the strength of your mark in each jurisdiction, assess potential conflicts, and recommend where registration is most valuable and cost-effective.
World applications
Through the World Intellectual Property Organisation (WIPO), under the Madrid System, you can file a single international application to seek protection in multiple countries simultaneously, streamlining the process and reducing administrative burdens.
Trade mark FAQs
What can’t be registered as a trade mark in the UK?
Not every mark can be registered as a trade mark. In the UK, the UK Intellectual Property Office will refuse registration if a mark:
- Lacks distinctiveness: Marks that are generic, descriptive or commonly used for the goods or services (e.g. “Jewels” for a jewellery shop) and cannot distinguish your brand from others will not meet the requirements for registration.
- Is misleading: Marks that could deceive the public about the origin, nature, quality, or characteristics of the goods or services are not registrable.
- Is contrary to law or public policy: For example, offensive marks or signs prohibited by law cannot be registered.
- Includes protected emblems or symbols: National flags, royal insignia or other protected emblems require special permission.
For unregistered marks, protection may still be possible under “passing off”, but this requires proof that you have goodwill (brand recognition) in the mark, that customers are confused by the other party’s use (misrepresentation), and that you have suffered loss or the other party has unfairly benefited from the use. This legal test is typically a complex claim to prove and gives much less certainty of protection compared to a registered mark.
Internationally rules can vary. Certain marks that may be registered in the UK could be refused in other countries, and vice versa. For example, some jurisdictions have different rules on colours, sounds, or personal names.
Our trade mark specialists can advise on these differences and help ensure your mark is registrable both in the UK and in other markets where you intend to operate.
What are the benefits of a trade mark?
A registered trade mark provides exclusive legal rights to use your brand in connection with your goods or services, helping prevent unauthorised use by others. It strengthens your brand identity, supports consumer recognition, and can act as a valuable business asset that can be licensed, sold, or assigned.
Trade marks offer legal certainty, allowing you to enforce your rights through cease and desist letters or court proceedings, including injunctions and damages. They also serve as a deterrent against competitors and provide a foundation for international protection through multiple national filings or the Madrid Protocol.
With proper management, trade marks offer long-term security for the identity of your business, products and services, ensuring your brand remains protected and recognisable over time. This supports business growth, marketing, and commercial opportunities such as franchising or licensing.
How long does it take to register a UK trade mark?
The registration process for a UK trade mark generally takes 4 to 6 months if the application is straightforward and there are no objections or oppositions. The trade mark process involves an examination by the UK Intellectual Property Office (UKIPO), publication in the Trade Marks Journal and a two-month opposition period.
If the UKIPO raises an objection or a third party opposes your application, the process can take longer, depending on how quickly responses are submitted and whether proceedings are contested.
Our experienced trade mark specialists can help manage the process efficiently, respond to objections and navigate oppositions to reduce delays.
What is the process for registering a trade mark?
Registering a trade mark in the UK involves several key steps, and working with an experienced trade mark solicitor or qualified paralegal can help ensure a smooth and effective application:
- Trade mark search and clearance: Before applying, we can conduct searches to identify potential conflicts with existing marks and advise on the likelihood of registration.
- Drafting the application: We will help prepare the application, including selecting the correct classes of goods and services and drafting a precise specification.
- Filing with the UKIPO: The application is submitted to the UK Intellectual Property Office (UKIPO), which examines it to confirm it meets the grounds for registration such as distinctiveness and descriptiveness.
- Publication and opposition period: If accepted, the application is published in the Trade Marks Journal, giving third parties two months (extendable under certain circumstances) to oppose. We can help manage any oppositions or objections.
- Registration and renewal: If there are no successful oppositions, the trade mark is registered. UK trade marks last 10 years and can be renewed indefinitely in successive 10-year periods. Our team can assist with renewals and portfolio management.
How much does it cost to register a trade mark in the UK?
The cost of registering a UK trade mark consists of official UKIPO fees and professional legal fees. UKIPO fees are set out on IPO website.
In terms of legal fees, we largely charge on a fixed fee basis, enabling you to budget and have transparency in terms of the cost from the start.
By working with our experienced trade marks team, we can help ensure your application is drafted accurately and strategically, to maximise the likelihood of registration and reducing the risk of costly delays or disputes.
What happens if my trade mark is opposed?
After publication in the Trade Marks Journal, an opposing party can challenge your application on absolute or relative grounds. You will have the opportunity to respond, either by negotiating a settlement or submitting formal arguments and evidence to the UKIPO. If the dispute cannot be resolved, it may proceed to a hearing before the UKIPO or the Intellectual Property Enterprise Court (IPEC).
Our trade marks solicitors and qualified paralegals can guide you through the process, draft responses and represent your interests to increase the likelihood of a successful outcome. By working with our solicitors and paralegals in advance, to define your application and strategy, you can reduce the risk of your application being opposed.
Can I license or sell my trade mark?
Yes, a registered trade mark is a potentially valuable business asset that can be licensed or sold. Licensing allows others to use your trade mark under agreed terms and for defined purposes and/or territories, generating revenue while you retain ownership and freedom to operate. Assignment transfers ownership entirely.
Because a trade mark provides legal protection, it can enhance the value of your brand, making it more attractive to investors, partners or buyers. Proper agreements recorded with the UKIPO are essential to ensure your rights remain enforceable.
How do I enforce my trade mark online?
Online enforcement starts with monitoring e-commerce sites, social media, domains and websites for unauthorised use. If an infringement is found, actions may include cease and desist letters, takedown requests, or legal proceedings. Our qualified trade mark paralegals can help set up monitoring, preserve evidence and take action to protect your brand in the UK and internationally.
What is the difference between a UK trade mark and an EU or international trade mark?
A UK trade mark provides protection only within the United Kingdom. An EU trade mark (EUTM) covers all EU member states, while an international trade mark filed through the Madrid System can extend protection to multiple countries worldwide from a single application.
Each system has its own rules, fees, and renewal requirements. Since Brexit, EU trade marks no longer cover the UK, so UK protection must be obtained separately if you operate in the UK and EU.
Who we help
Our Commercial team works with businesses spanning enterprising start-ups,non-UK companies setting up operations in the UK, and large, global and listed companies.
Ambitious start-ups
Getting the foundations right from day one, from incorporation and shareholder agreements to protecting your IP.
Owner-managed businesses
Practical, commercially focused advice that understands the pressures of running your own company.
SMEs and scale-ups
Supporting the legal demands of growth: new contracts, new people, new markets.
UK and international corporates
Sophisticated, multi-disciplinary advice across sectors from tech and manufacturing to hospitality and aerospace.
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