How to protect your intellectual property with a trademark

Keen to protect your intellectual property (IP) by registering using a trade mark?

In this step-by-step guide, our team of expert attorneys explain what kind of IP can be protected using a UK trade mark and how to trademark intellectual property.

How to register a trademark intellectual property

Choosing a trade mark

First, you’ll need to choose a trade mark.

The only types of IP that can be protected using a trade mark in the UK are signs that can be graphically represented and comply with the current trademark law. Not everything can be registered as a trademark. They are valuable assets that are used to distinguish a business, its products, and its services from those of its competitors.

Trade marks are most commonly used to protect the name of a product or service, but logos, sounds, colours, patterns, motions, and the shape of a product can also be registered if they meet the criteria for protection.

Crucially, whatever you want to protect as a trade mark must be distinctive and non-descriptive and sufficiently different to other trade marks.

Complying with legal requirements

UK trade marks must also comply with a long list of legal requirements, in line with both the Trade Marks Act 1994 and the Trade Marks Rules 2008.

Primarily, trade marks cannot be made up of words or signs that are too common, generic, or descriptive.

This means you cannot trade mark common words that are used to describe everyday items, such as ‘lemon for lemons’ or ‘potato for potatoes’.

But trademarks that contain these everyday words can be protected with additional clever wording – for example ‘POLAR LEMON’, or ‘BRIGHT POTATO’ should be acceptable. Essentially, the more distinctive the trade mark the greater the likelihood of it being acceptable.

Selecting a class of goods or services

Once you have chosen your trade mark, you need next to categorise it in the correct class of goods or services. There are 45 classes that are used and often trade marks fall in multiple classes. As an example, if your product is clothing, then this is probably in Class 25. Protective clothing is in Class 9. Selling it online or through a shop is categorised in Class 35. Designing clothing is in Class 42. So, when preparing to file your application it is important that the correct classes are used to protect your trade mark and our experts at Trademark Eagle advise on the correct classes and draft the description of trade marks as part of the application process.

There are different styles of trade marks and how you file will depend on how you will be using it. Some are made up of a combination of words and logos, others have slogans (which need special consideration) whilst some are shapes.

When an application is filed its owner and their address will need to be listed, and these will be in the public domain.

Conducting trade mark searches

An essential for step to protecting your trade mark is checking for the same or similar trade marks that have already been registered with the IPO (Intellectual Property Office). This is very important because if you adopt a trade mark too similar to one that is already protected then you could be infringing someone else’s rights and find your application being objected to. The ramifications of which include your having to change the trademark and risk losing the investment made in product development. You can also be liable for damages.

Prior to investing in product development is the ideal time to reach out to an experienced attorney to provide you with expert legal advice.

This is especially important if the trade mark searches reveal trade marks similar to your own as an attorney can advise whether it’s sensible to file an application, and whether changes to the brand would negate likely objections.

Any owners of similar or identical existing trade marks will be contacted by the IPO following the submission of a trade mark application which allows owners of earlier rights to object to later competing applications.

Filing your application

There are various ways to apply for a trade mark, and Trademark Eagle will advise on the best option for your brand.

In the UK (and until 2026) you can file for a series of trade marks that are similar to each other. Series application are suitable for registering up to 6 variations of a trade mark in the same application, although not all variations will be accepted as a series.

To apply, you can either file an application directly with the UK Registry or you can use an experienced attorney to assist. Once your application has been examined by the IPO, they will issue an examination report within 2 – 3 weeks if there are any issues with the application. A period of two months is given to rectify any issues the IPO may have found.

If your application is accepted without issue, it will be published for 2 months in the Registry’s journal.  At this point third parties can formally object to applications. If there are no objections, then your trade mark will be registered and a certificate will issue about 10 weeks after publication.

Take the next step with Trademark Eagle

Obtaining trade mark guidance from an experienced attorney can be essential to the success of your trade mark application.

To find out more about intellectual property, and how to protect your intellectual property by registering a trademark using Trademark Eagle’s services, or to discuss any questions or problems you have with your trademarks then, why not get in touch?

All initial consultations are free, so don’t hesitate to give us a call on 0808 1890 698.

Alternatively, email your enquiry to enquiries@trademarkeagle.com, reach out using our online contact form, or speak directly to a member of our team using our live chat feature.