Registering Trademarks in the UK: What You Need to Know

Home | HS Blog | Registering Trademarks in the UK: What You Need to Know Table of Contents Toggle Registering a Trademark in the UK in 2025: What Global Brands Need to Know Navigating UK trademark registration in 2025 means understanding a legal system that has fully diverged from the EU model post-Brexit. Whether you're filing through the UK Intellectual Property Office (UKIPO) or leveraging the Madrid Protocol, protecting your brand in the UK now requires a standalone strategy. This guide explains how to register a trademark in the United Kingdom, including the first-to-file rules, timelines, fees, opposition procedures, and the latest developments, including changes to Madrid Protocol integration and "Brexit clone" use requirements. How to Register a Trademark in the UK We continue our global trademark registration series, a comprehensive initiative to equip brand owners with the practical and legal insights needed to navigate trademark systems around the world. Today, we turn to the United Kingdom, which has become a fully independent trademark jurisdiction following Brexit. The UK now operates outside the EU trademark system. EU Trade Mark (EUTM) registrations no longer provide protection in the UK, meaning brand owners must register directly with the UKIPO to secure rights. Recent updates to Madrid Protocol compliance in November 2024 have further streamlined international filing procedures, making a well-crafted UK trademark strategy even more critical for global businesses. The UK's First-to-File System: Why Early Registration Matters The UK follows a first-to-file system, where the first applicant, not necessarily the first user, has superior legal rights. While common law “passing off” offers limited protection for unregistered marks, formal registration provides stronger and more enforceable trademark rights. What Can Be Registered as a Trademark in the UK? Under the UK Trade Marks Act 1994, a trademark may include: Words (including personal names) Designs Letters or numerals Colors or sounds Shapes of goods or packaging If the mark can distinguish your goods or services from those of others, it is likely registrable. What Cannot Be Registered as a Trademark in the UK? Trademark applications may be refused if the mark: Is offensive Describes the goods/services Is misleading Is generic or lacks distinctiveness Reflects common product shapes Incorporates national symbols without authorization Is identical or confusingly similar to an existing UK mark for related goods/services Note: The UKIPO examines only for absolute grounds. Relative grounds, such as likelihood of confusion with earlier registered or well-known marks, are enforced through third-party action, not by the UKIPO itself. Multi-Class Applications in the UK The UK allows applicants to file under multiple trademark classes in a single application. This can streamline the process and reduce costs when seeking protection for a broad range of goods or services. Recent Developments in UK Trademark Law In November 2024, changes to Madrid Protocol procedures simplified cross-border filings, making it easier for UK companies to secure international protection, and for foreign applicants to enter the UK via Madrid designations. As of January 1, 2026, owners of "Brexit clone" trademarks (comparable UK rights derived from EU trademarks) must show genuine use in the UK to defend against non-use cancellation. Use in the EU prior to Brexit will no longer suffice. Trademark owners should review their UK portfolios now to ensure they can demonstrate qualifying use within the UK. The UK Trademark Application Process 1. Pre-Filing: Clearance Search Conduct a comprehensive clearance search of both registered and unregistered marks in the UK to avoid conflicts and reduce the risk of opposition. 2. Application Submission File online via the UKIPO and include: Applicant details A clear image or audio sample of the mark Designation of classes and detailed goods/services description Payment of the required fee 3. Formal Examination The UKIPO reviews the application for formalities and absolute grounds. If issues are identified, the applicant has two months to respond. 4. Publication and Opposition If accepted, the mark is published in the UK Trade Marks Journal for a two-month opposition window. Extensions may be granted upon request. 5. Registration If no opposition is filed (or once any opposition is resolved) the trademark is registered and valid for 10 years. UK Trademark Timeline A standard, uncontested UK trademark application is typically registered within four to six months of filing. Responding to Objections or Oppositions Formal objections may be addressed through argument, amendment, or proof of acquired distinctiveness. Third-party oppositions can be resolved through defense, negotiation, or amendment. Quick, strategic responses improve your chances of a successful outcome. UK Trademark Fees (as of July 2025) Action GBP Approx. USD Application (1 class) £170 $215 Each additional class £50 $63 Renewal (per class) £200 $253 Note: These are official UKIPO fees. Attorney or agent fees are not included. USD equivalents are estimates based on current exchange rates. Use Requirements and Maintenance Use is not required to file or renew a UK trademark. However, marks must be used within five years of registration to avoid cancellation. For Brexit clone marks, post-Brexit UK-based use will be required starting in 2026. Registering Foreign-Language or Non-Latin Marks Marks in non-Latin scripts (such as Chinese, Cyrillic, and Arabic) can only be registered in the UK as figurative or design marks, not as word marks. This ensures visual protection while avoiding complications related to transliteration or translation. ™ and ® Symbols in the UK ™ may be used with unregistered marks but offers no legal protection. ® may only be used with registered trademarks. Misuse is a criminal offense under UK law. Always ensure your usage matches your registration status. UK Customs Recordation Once registered, you can apply to record your trademark with UK Border Force. This allows customs officials to block infringing or counterfeit goods from entering the UK, an essential layer of brand enforcement. UK Trademark FAQs Can I register a trademark in the UK without a UK business? Yes. Foreign applicants can file directly or via a UK-based agent. No local entity is required. How long does a UK trademark last? Registrations are valid for 10 years and can be renewed indefinitely. Do I need to use my mark before registering it? No, you don’t need to use your trademark before registering it in the UK. However, you must put the mark to genuine use in the UK within five years of registration to avoid cancellation. What if someone opposes my trademark? UKIPO provides structured opposition proceedings. You can respond, settle, or amend the application. Final Thoughts on UK Trademarks The UK is now a fully separate trademark jurisdiction post-Brexit. With its efficient registration system and growing importance as a standalone market, UK trademark protection is a critical piece of any global IP strategy. To secure and maintain your rights in the UK: File early under the first-to-file system Monitor for conflicting marks and bad-faith filings Use your mark and renew it properly Record your mark with customs for border protection Stay ahead of Brexit-impacted deadlines, especially for clone marks Considering a UK trademark filing—or reassessing your portfolio post-Brexit? Our international trademarks team is here to help. Contact us for a complimentary review and personalized guidance. Next in our series: Trademarks in South Korea—coming soon! Check Out Our Practice Areas Share Twitter Facebook LinkedIn E-mail Comment Fred Rocafort Fred leads Harris Sliwoski’s intellectual property practice and is the coordinator of the firm’s international team. Much of Fred’s practice consists of helping cannabis businesses protect their brands. He also works with entrepreneurs and companies entering the Web3 space, a new frontier for IP law. Prior to joining Harris Sliwoski, Fred worked overseas for more than a decade, in both government and private sector roles. Fred is a regular contributor to the award-winning China Law Blog and Canna Law Blog. Fred began his career overseas as a U.S. consular officer in Guangzhou, China, where he advocated for fairer treatment of American companies and citizens in China and for stronger intellectual property rights enforcement. After entering the private sector, Fred worked at a Shanghai law firm as a foreign legal advisor and later joined one of the oldest American law firms in China, helping foreign companies navigate the Chinese legal environment. He also led the legal team at a Hong Kong-based brand protection consultancy, spending most of his time out in the field, protecting clients against counterfeiters and fraudsters in Greater China, Southeast Asia and Latin America. In addition to his IP work, as a native Spanish speaker, Fred works closely with different Harris Sliwoski teams on Latin America and Spain matters. Fred also provides advice to cannabis industry participants and other businesses on import and export transactions. Fred is an ardent supporter of FC Barcelona—and would be even in the absence of Catalan forebears who immigrated to Puerto Rico in the mid-1800s. 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