How to register your brand name as a trademark

Registering a trademark with the Intellectual Property Office (IPO) is the most effective way to protect your brand identity in the UK. By doing so, you gain the exclusive right to use your brand name or logo for your specific products—such as clothing and accessories—and you gain the legal power to stop others from using a brand that is too similar to yours. The process typically takes three to four months, costs from £170, and provides protection for ten years before it needs renewing.

1. Check if your brand can be trademarked

Not every name or logo can be registered. Before you spend any money, you need to ensure your brand meets the IPO’s criteria. To be successful, your trademark must be distinctive. It cannot be:

• Descriptive: You cannot trademark "Cotton T-Shirts" for a clothing brand because it simply describes the product.
• Generic: You cannot use common industry terms.
• Misleading: It can't promise something the product isn't (e.g., using "Organic" in a name for non-organic goods).
• Offensive: It cannot contain swear words or socially unacceptable imagery.
• A common shape: You generally can't trademark the basic shape of a t-shirt or a standard dress.

2. Search the UK Trademark Register

Once you are happy your name is distinctive, you must check that no one else has already registered it (or something very similar). Use the IPO’s online search tool to look for your brand name and logo components.

Pay close attention to brands that look or sound like yours, even if the spelling is different. If you find a "Zara" and you want to register "Xara" for clothing, your application will likely be opposed and rejected.

3. Choose your 'Classes'

Trademarks are divided into "classes" based on the type of goods or services you provide. Since you are starting a clothing brand, the most relevant class is usually:

Class Number	What it covers
Class 25	Clothing, footwear, and headwear.
Class 18	Leather goods, bags, and umbrellas.
Class 14	Jewellery and watches.
Class 35	Retail services (useful if you are selling other brands' items too).

Your initial fee includes one class. Each additional class costs an extra £50. Be precise; you can't add more classes to an application once it has been submitted.

4. Submit your application

You can apply directly on the GOV.UK website. There are two main ways to pay:

1. Standard Examination (£170): You pay the full fee upfront. If your application is rejected, you do not get your money back.
2. Right Start (£200): You pay £100 upfront for an initial report from the IPO. If they tell you the trademark is unlikely to pass, you can choose not to proceed and save the remaining £100. This is often safer for first-timers.

5. The Examination and Opposition period

After you apply, an examiner will check your application (usually within 10 working days). If it passes, it will be "published" in the Trade Marks Journal for two months. During this time, anyone can object to your trademark if they believe it infringes on theirs. If no one objects, your trademark will be registered, and you will receive a certificate.

Pro Tip: Once registered, you can use the ® symbol next to your brand name. Before registration, you should only use the ™ symbol, which indicates you are claiming the name as yours but don't yet have the full legal protection of a registered trademark.

Best Practices

• Keep it simple: Registering just the name (word mark) usually gives better protection than a logo, as it prevents people from using that name in any font or colour. If your logo is very unique, you might want to register both.
• Don't wait: It's best to apply before you spend thousands on stock and shop signage.
• Monitor your brand: The IPO does not "police" your trademark for you. You must keep an eye on the market and take action if you see someone copying your brand.