Trademark Registration

Looking for a solicitor to help register a trade mark?

Your brand is one of your most valuable business assets. A registered trademark gives you legal ownership of that brand – your business name, logo, slogan or product name – and the exclusive right to use it in the classes of goods or services you’ve registered for. Without registration, you’re relying on the much weaker (and more expensive to enforce) common law action of passing off.

I’m Steven Mather, and I help businesses register trademarks in the UK through the Intellectual Property Office (IPO) and internationally. I’ll handle the process from initial search through to registration, and I’ll make sure your application gives you the broadest, most commercially useful protection.

Why register a trademark?

A registered trademark gives you the exclusive right to use your brand in connection with the goods or services it’s registered for. If someone else uses a mark that’s identical or confusingly similar, you can take legal action to stop them. Without registration, your only option is a passing off claim – which requires you to prove you have goodwill in the mark, that the other party’s use creates a misrepresentation, and that you’ve suffered or will suffer damage. That’s harder, slower and more expensive than enforcing a registered trademark.

Registration also acts as a deterrent. Other businesses searching the trademark register before choosing their brand name will see your registration and steer clear. It’s a visible statement that you’ve claimed this ground.

And there are commercial benefits too. A registered trademark is a property right that can be licenced, franchised or sold. It adds tangible value to your business – something that matters if you ever sell, seek investment, or enter into licensing arrangements.

How the trademark registration process works

The process starts with a trademark search. Before filing an application, I’ll search the IPO register and other relevant databases to check whether your proposed mark conflicts with any existing registrations. This is a crucial step – if there’s a conflicting mark, we need to know about it before spending money on an application that will be refused or opposed.

Next, we need to identify the right trademark classes. Goods and services are divided into 45 classes under the Nice Classification system. Choosing the right classes is important – register in too few and you leave gaps in your protection; register in too many and you’re paying for protection you don’t need. I’ll advise on which classes are right for your business now and which you might want to consider for future expansion.

Once the search is clear and the classes are agreed, I’ll prepare and file the application with the IPO. The application needs to be drafted carefully – particularly the specification of goods and services, which defines exactly what you’re claiming protection for.

After filing, the IPO examines the application and, if it passes, publishes it for a two-month opposition period. If no one opposes – and most applications aren’t opposed – the trademark proceeds to registration. The whole process typically takes around 4 to 6 months from filing to registration, assuming there are no complications.

What if someone opposes my application?

If a third party believes your trademark conflicts with their existing rights, they can file an opposition during the publication period. This starts a formal process before the IPO. I’ll advise you on the strength of the opposition and your options, which might include defending the application, negotiating a coexistence agreement, or in some cases, narrowing the scope of your application to avoid the conflict.

I’ve written about real trademark disputes on my blog, including the Cambridge Rowing case and the Dryrobe v D-Robe case, which give a good flavour of how these disputes play out in practice.

International trademark registration

If your business operates internationally, you may need trademark protection outside the UK. I can advise on filing EU trademarks (through the EUIPO) and international registrations through the Madrid Protocol, which allows you to extend your UK registration into other countries. I work with a network of overseas IP specialists to handle local filings where needed.

How much does trademark registration cost?

I work on fixed fees. For a straightforward UK trademark application in a single class, my fee is typically from £750 plus VAT (on top of the IPO’s official filing fee of £205 for one class, plus £60 for each additional class). More complex applications – particularly those requiring extensive searching or involving multiple classes – will be quoted individually. If an opposition arises, I’ll quote separately for that work.

Next steps

If you want to protect your brand with a registered trademark, call me on 0116 3667 900 or email steven@stevenmather.co.uk. I’ll do an initial check on your proposed mark and give you a fixed fee for the registration process.