How to trademark your business name and logo: step by step

Picture this: you’ve got a brilliant business idea, a great business name and your logo is looking incredible. Naturally, you’re now dreaming about seeing your brand splashed over your website, products, and social media. 

Before you do that, you’ll want to secure your business name and logo so no one else can use it or copy it. You do that by trademarking them. 

Trademarking might sound like a big admin job, but it’s simpler than you think and can save you time and money down the line.

We’re here to show you how to trademark a business name and logo, step by step, so you can confidently trademark your brand. 

Key takeaways

  • A trademark protects your unique brand identity — like your business name or logo — making sure no one else can use it in your industry
  • The process involves checking for similar trademarks, choosing the right classes and submitting your application to the UK Intellectual Property Office (IPO)
  • The entire process is relatively straightforward and can be done online


What is a trademark?

A trademark is an intellectual property (IP) right that uses a ‘sign’, like a word, visual image, or slogan, to distinguish your goods or services from other businesses. 

It’s essentially your brand’s unique identifier, and it’s how your customers come to recognise your products or services. 


What can be registered as a trademark?

You might be surprised by the variety of signs that can be trademarked. Generally, anything that helps identify your goods or services can be trademarked, including:

  • Words: This can be your company name (e.g. Countingup) or individual product names
  • Logos: Your brand’s visual identifier, like a graphic mark or symbol 
  • Slogans: If you’ve got a catchy phrase that helps distinguish your brand, you can trademark it
  • Sounds: Yes, even a unique jingle or sound can be trademarked
  • Colours: You can trademark a colour if it’s a truly unique shade and strongly associated with your brand
  • Shapes: If your product or its packaging has a unique or highly distinctive shape, it might be worth trademarking it

Trademarking a colour or a sound might seem over the top, but branding is big business and competition is fierce. Many brands often have multiple trademarks because they have multiple brand assets to protect — name, logo, colours and sounds.

Let’s look at some famous examples of different kinds of trademarks from around the world: 

Logos: 

  • Coca-Cola’s elegant red and white script logo
  • Nike’s ‘swoosh’ design
  • McDonald’s famous golden arches
  • Apple’s apple with a bite taken out of it

Sounds and phrases: 

  • Microsoft’s startup sound for the Windows operating system
  • The Star Wars franchise slogan, ‘May the force be with you’
  • Paris Hilton’s catchphrase, ‘That’s hot’
  • MGM’s lion roar at the start of MGM movies is a long-standing classic 

Colours:

  • Tiffany & Co’s specific shade of blue 
  • Barbie’s famous pink 
  • Cadbury’s distinctive purple colour
  • UPS’s brown sets the brand apart from its competitors

But you don’t have to be an international player to trademark your brand assets. For small businesses, having recognisable trademarks builds awareness and can help your business stand out in the crowd. 


What can’t be registered?

The Intellectual Property Office (IPO), which is the UK’s official government body responsible for intellectual property (IP) rights, won’t let you trademark a business name or logo if it falls into one of these categories:

  • Common or descriptive: If your name simply describes your product or service, like calling a coffee shop ‘Great Coffee Shop’, it’s deemed too descriptive
  • Misleading: If your name or logo gives a false impression to customers and other businesses, like using the name “The Vegan Grocer” for a meat company
  • Offensive: If you use offensive language or imagery, like swear words
  • Generic: If you use common words that are the general name for a product (e.g. calling a specific type of biscuit simply ‘biscuit’)
  • Too similar: If your name or logo is confusingly similar to another registered trademark for the same or similar goods and services 

With so many trademarks out there — from logos to catchphrases — it’s never been more important to protect your own identity.


Do I need to trademark my business name or logo in the UK? 

In the UK, you’re not legally required to trademark a business name or logo to start trading. You can start doing business under your chosen business name as a sole trader or limited company.

If you register your company with Companies House (first, make sure you check your preferred company name is free to use with our company name availability checker), it does one important thing: it protects your exact company name from being registered by anyone else. 

However, it doesn’t protect your brand identity — it only protects the name on the corporate register. It doesn’t stop another business from trading under a very similar name or using a similar logo, which could be a huge problem if you’re operating in the same industry.

For example:

  • You register your business as ‘The Clean Bean Ltd’ with Companies House
  • Companies House ensures no one else can register ‘The Clean Bean Ltd.’
  • However, an aggressive competitor can still set up as a sole trader called ‘Clean Bean Coffee’ down the street, or a limited company could register as ‘The Clean Bean Roasters Ltd’ (as long as it’s not confusingly similar to the registrar)

In summary, you don’t need to trademark your business name or logo, but doing so gives you exclusive rights to them — and the legal power to stop copycats from using your business name or logo anywhere in the UK.


How to register a trademark in the UK: 4 steps

The process of trademarking your logo or business name is logical and easy to follow. 

Generally, the fastest and cheapest option is to use the IPO’s online application service — and we recommend this route. Let’s look at the steps in detail:

Step 1: Check if anyone has registered a similar trademark 

Hold your horses. Before you go out and spend any money, you should search the IPO’s official trademark register to see if your business name or logo is already taken. 

The register is free and easy to use, and you can search by both words and images. You can search by business classification, too, like foodstuffs, toys, and vehicles, if you want to cross-check other goods and services.  

This first step is critical because you’re not allowed to register a trademark that is identical or confusingly similar to one that already exists in the same classification. If a similar trademark exists, that business can object to your application, forcing you to start over with a new name, which brings us on to the question:


What if someone else has registered my trademark?

If you find that someone has already registered a trademark that’s too similar to your business name or logo, don’t panic or get too disappointed. 

This is where being thorough in your search pays off. You have a few options:

  • Tweak your name or logo: Can you make a small change that makes it distinct enough? Sometimes a slight alteration can make all the difference
  • Double-check the classification: Is the existing trademark registered for completely different goods or services? If so, you might still be able to trademark yours
  • Negotiate: If it is taken, you could contact the existing trademark owner and try to negotiate a licence to use the trademark, though this can be complex and (quite often) expensive

As a last resort, you might have to consider a completely new name or logo. This might feel frustrating, but it’s better to start fresh than face any legal challenges down the line. 


Step 2: Choose which trademark classes to apply for

This step is really important and often where business owners get a bit stuck — but don’t worry, it’s fairly straightforward. 

The IPO uses a system called ‘Nice Classifications’, which are categories of goods and services. It breaks down all goods and services into 45 classes. For example:

  • Class 25 is for clothing, footwear, and headgear
  • Class 35 is for business management and advertising services
  • Class 36 is for financial services (like Countingup

When you apply for a trademark, you need to specify which class or classes your business will operate in. For example, if you’re a photographer, you might choose Class 41 (education, entertainment, sporting and cultural activities). But if you also sell branded clothing, you’d choose Class 25, too.

It’s a good idea to check the official guidance on how to classify trademarks and choose carefully. Adding more classes does result in more fees, but it also means broader protection. Think about your current business activities, plus any future plans, and go from there.

Tip: If you have an enquiry about classes, you can email the IPO’s classification enquiries team: tmclassificationenquiries@ipo.gov.uk.

Step 3: Send in your trademark application

Once you’ve done your checks and chosen your trademark classes, it’s time to complete your application to the IPO. For this application, you’ll need to submit:

  • A clear image or text version of the trademark you want to protect (e.g. your logo or the text of your business name)
  • A clear description of the goods and services you want the trademark to cover (the class list you chose in the step above)
  • Payment for the application fee (we’ll look at prices a little later in this article)

Make sure all your details are accurate, as mistakes can cause delays or even rejection. Once submitted, you’ll receive an email confirmation — then, you have to wait. 


Step 4: Respond to any objections 

After you submit your application, it goes through a few stages. First, an IPO examiner will check it to make sure it meets all the necessary legal requirements and doesn’t conflict with any existing trademarks.

They then send you an ‘examination report’ within 2-3 weeks, which tells you if there are problems with your application — known as objections. 

If you do receive an objection, it could be because your trademark is too descriptive, or they’ve found a similar, existing one. You’ll usually have two months to respond and try to overcome these objections, usually by providing more information or amending your application.

After any initial objections are ironed out, your trademark is then published in the Trade Marks Journal for two months. 

This doesn’t mean it’s approved — anyone can oppose your application during this time. If an opposition is filed, you’ll have a chance to talk to the person or business opposing your trademark, withdraw your application or take legal action. 

This probably sounds a bit formal or daunting, but for small business owners, these situations can be resolved. In the worst case scenario, you may have to withdraw your application and make some changes to the asset you want to trademark and reapply. 

But if your application goes smoothly, and there are no objections or oppositions, congratulations! Your trademark will be registered, and you’ll receive an official certificate of registration. This process typically takes around 3–4 months.


Why should I trademark my business name?

Fundamentally, trademarking your business name lets you legally protect the brand identity you’ve worked so hard to build. 

Ultimately, it means you get: 

  • Exclusive rights: Once you’ve registered, no one else can legally use your business name in your industry
  • Protection against copycats: Imitation might be a form of flattery, but if another business uses your name, it can confuse your customers or dilute your brand. A trademark lets you take legal action against any copycats
  • Builds brand trust and recognition: If customers know they’re buying from a legitimate and protected brand, it can improve their confidence in your business
  • Valuable asset: Once registered, your trademark becomes a valuable business asset that can be sold or licensed. It can add great value to your company as you grow

The copycat caterpillar: Here’s a famous example of why business owners should register important trademarks, wherever possible:

Marks and Spencer (M&S) first launched its highly popular Colin the Caterpillar cake around 1990 — it’s a sponge cake decorated with chocolate and sweets, with a white chocolate face. In 2009, M&S trademarked the name ‘Colin the Caterpillar’ and the product’s packaging. 

Many other UK supermarkets created their own caterpillar versions, including Tesco’s Curly, Asda’s Clyde and Waitrose’s Cecil. Yet it was Aldi’s Cuthbert the Caterpillar cake that crossed the line. Due to its name and packaging, M&D claimed it infringed on their Colin trademark. What followed was a very public legal battle that included some cheeky PR stunts from Aldi — including the #FreeCuthbert social media campaign. 

Aldi stopped selling the cake in 2021 and a year later, a settlement was reached.  This couldn’t have happened without strong trademark protections. 

Ultimately, trademarking your business name gives you peace of mind, which for many business owners is priceless. 

If your logo is fundamental to your brand, like Nike’s iconic 50-year-old swoosh, it makes sense to register a logo as a trademark. Registering comes with some huge advantages:

Distinct visual identity

By registering your logo, you’re protecting the unique visual element of your brand. This is just as important as trademarking your business name or product name. 

Easier enforcement

If a competitor tries to use a similar logo, it’s much easier and quicker to take legal action if your logo is already trademarked. After all, you have clear evidence of your ownership.

Consistent brand image

Protecting your logo helps you maintain a consistent brand image across all your marketing materials, packaging, and website. This is important when building a strong, memorable brand.

Licensing opportunity

A strong, protected logo can be licensed out to others — for example, to merchandise manufacturers. This can create an extra revenue stream for your business while ensuring your intellectual property stays protected. 


How long does it take to register a trademark?

If your application is straightforward, receives no objections or oppositions, and you use the standard IPO online application, the IPO’s trademark timeline estimates that the registration process usually takes about three to four months. 

If your application receives objections or oppositions, the process can take much longer. Sometimes up to a year or more, depending on the complexity of the dispute. This is why getting your initial checks right is so important. 


How much does a trademark cost in the UK? 

Good news — trademarking a business name or logo in the UK isn’t that expensive. Especially if you apply online and keep things simple. 

  • Standard online application: The cost for one class is £170
  • Additional classes: Each extra class you add costs £50
  • Paper application: Applying via post is more expensive at £200 for the first class, plus £50 for each additional class

Here is the full trademark forms and fees list, which includes the fees for appeals, oppositions and collective trademarking. 

Once your trademark is registered, it typically lasts for 10 years. After that, you’ll need to renew it every 10 years to keep your protection in force. The renewal fee is currently £200 for the first goods and services class, and £50 for each additional class.

Going through the trademark process for the first time? You might be interested in the Right Start application.


What is the Right Start application?

The Right Start application is a helpful option if you’re a first-time applicant and you’re unsure if you’re doing this trademark thing right. Basically, it’s the IPO giving you a helping hand, but it does come with a fee. 

How it works: 

  • You pay £100 plus £25 for each additional class to the IPO to check if your application meets the rules for registration
  • Then, you’ll get a report telling you if your application has met the rules or not
  • If your application does meet the rules, you’ll need to pay another £100 (plus £25 for each additional class) to continue your application 
  • If your application doesn’t meet the rules, you can set up a discussion to chat about why 

If you’re a sole trader or founder who wants a bit more guidance and reassurance, the Right Start application could be for you.


How do I check a UK trademark?

If you want to know if someone has already registered a business name or logo as a trademark, or you’re just curious about who owns a trademark, you need to visit the UK’s IPO’s online trademark register

From there:

  • Use the search database. You can search by:
    • Word or name: Type in the business name to see if it’s registered
    • Image search: You can upload an image of a logo to see if a similar visual mark has been registered 
    • Classification: Search within specific classes to see all existing marks in that industry
  • Filter your results. You can filter by year and status (e.g. whether the trademark is ‘live’ or ‘dead’ — basically, active or inactive)
  • Review the results carefully: If you’re looking for trademarks that are identical or similar to yours, pay attention to spellings, pronunciations, and visual similarities

Remember, a thorough search is your best defence against accidentally infringing on someone else’s rights or having your own trademark application rejected.


What’s the difference between a trademark, copyright and patent?

These three terms — trademark, copyright, and patent — often get muddled up. Don’t worry if you don’t know the difference.  All three terms fall under Intellectual Property (IP), but they protect completely different things:

IP typeWhat does it protect?How is it registered?
TrademarkYour brand identity — e.g. the name, logo or slogan used to distinguish your goods and servicesMust be registered with the IPO
CopyrightYour original creative works (books, music, photography, code)Automatic in the UK — there’s no registration needed
PatentYour invention (how something works, its function, or process)Must be registered with the IPO — this is often complex and expensive


As a business owner, your most common IP is your name or logo (which is a trademark) and perhaps your website copy or photos (which are copyrighted).


How to create a strong trademark

Ultimately, a strong trademark is unique and easy to protect — and it should serve your business well for years to come. Here are our top tips for creating a memorable trademark:

  • Be creative, not descriptive: The stronger your trademark is, the easier it is to protect — e.g. it’s easier to prove it’s yours. Aim for something unique, even made-up (like ‘Kodak’), or seemingly random (like ‘Apple’ for computers)
  • Keep it simple: A good trademark is easy to say, spell and remember. It should stick in people’s minds
  • Really do your checks: Always check if the trademark you want is available and not too similar to existing ones. This  can save you a lot of time, money, and potential heartache if you have to rethink things 
  • Consider your target audience: Does the name or logo resonate with the people you’re trying to reach? Is it appropriate for your industry?
  • Think visually: If you’re designing a logo, make sure it’s clear and works well in different contexts (e.g. on a website, a business card, or packaging)
  • Check for domain name and social media availability: Make sure your chosen business name or trademark is available as a domain name and on the social media platforms you want to be active on


Your new business

If you’re serious about your business, putting trademark protections in place early on is a smart step. 

The earlier you can trademark your logo or business name, the earlier you can protect your brand against any competition and copycats.

When it comes to growing your business, we’re here to help. Whether you’re ready to go through the official company registration process or are looking for a business current account to help simplify your business finances, we’ve got you. Countingup believe in making business admin as simple and stress-free as possible — so you can focus on what you love.

If you’re preparing a trademark application, best of luck! We hope it’s successful. 



FAQs

Are business names automatically trademarked?

No, registering a company name via company registration or trading as a sole trader does not automatically grant you trademark protection. You must specifically apply to trademark a business name with the UK Intellectual Property Office (IPO) to gain exclusive legal rights.

Can I trademark a business name already in use?

Yes, but only if the name is already in use in a completely different business class (industry). If the existing user has trademarked the name for similar goods or services, your application will almost certainly be opposed or rejected, so it’s best to choose a unique name.

What does it mean to trademark a name?

To trademark a business name means you are registering your brand name with the UK IPO, giving you the exclusive legal right to use that name for the goods or services you registered under. This allows you to stop any competitor from using an identical or confusingly similar name.

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