Building a strong brand is crucial for any business, whether you’re running a boutique in Shoreditch, a fintech startup in Canary Wharf, or a café in Notting Hill. But what happens if someone else starts using your business name, logo, or slogan? This is where trademarks come into play. If you’re based in London or anywhere in the UK, understanding how trademarks work can help you secure your brand’s identity and prevent costly legal battles down the line. Here’s everything you need to know.

What is a Trademark?

A trademark is a legally protected sign that distinguishes your business’s goods or services from others. In the UK, the most commonly registered trademarks are brand names and logos, but trademarks can also include:

• Slogans – Think of Tesco’s “Every Little Helps” or L’Oréal’s “Because You’re Worth It.”
• Colours – Certain shades can be trademarked, like Cadbury’s purple or Tiffany & Co.’s iconic blue.
• Sounds – The distinctive chime of Intel’s adverts is an example of a trademarked sound.
• Motions – Unique animations, such as the way a luxury car’s doors open, can be trademarked.
• Scents – While rare, it is possible to trademark a specific fragrance associated with a product.

Trademarks ensure that consumers can identify your business and differentiate it from competitors. If you’re trading in London or the rest of the UK, securing a trademark can give you legal protection against others trying to use a similar brand identity.

What Does a Trademark Protect?

Registering a trademark grants you exclusive rights to use it in connection with your goods or services. This means you can prevent others from using similar signs that might confuse consumers about the origin of products.

It’s important to note that a trademark is different from:

• A company name registered with Companies House – Registering a business name in the UK does not give you exclusive rights to use that name for trading. If another company trademarks the name, they could stop you from using it.
• A domain name – Owning a website domain does not grant you trademark rights. If someone else trademarks “London Coffee Shop,” they could force you to change your domain and branding.

If you want full legal protection for your brand, registering a trademark with the UK Intellectual Property Office (UKIPO) is essential.

How to Register a Trademark in the UK

When applying for a trademark in the UK, you need to select the goods and services it will cover. Trademarks are divided into 45 different classes, which cover various industries.

For example:

• Class 25 covers clothing brands.
• Class 43 is for restaurants and cafés.
• Class 36 is for financial services.

Each class comes with an additional registration fee, so it’s important to carefully consider which ones are relevant to your business. If you’re a London-based business with plans to expand, you may want to choose classes that cover future growth areas without paying for unnecessary ones.

Once registered, a UK trademark lasts for 10 years and can be renewed indefinitely.

Do I Need an International Trademark?

Trademarks are territorial, meaning your UK trademark only protects you in the UK. If you’re planning to expand internationally – whether to the EU, the US, or beyond – you will need to apply for protection in those regions.

For London businesses looking to trademark across multiple countries, there are two main options:

1. Apply separately in each country – If you have key target markets, you can apply directly in those countries’ trademark offices.
2. Use the Madrid System – This allows you to file a single application that covers multiple countries, making it easier and often more cost-effective.

Since Brexit, UK businesses no longer receive automatic protection in the European Union (EU), so if you trade in countries like France, Germany, or Spain, you’ll need to register an EU trademark separately.

Preventing Pitfalls

Before committing to a brand name, conducting clearance searches is vital. This step ensures your chosen name isn’t already in use or registered, preventing potential legal disputes and costly rebranding efforts.

Unlocking Value

Beyond infringement protection, trademarks add tangible value to your business. They can be sold, licensed, or used as collateral, offering financial security and recognition in the marketplace.

Registering a Trademark

Whether you’re launching a new brand in Soho, expanding your fintech company in the City, or setting up a chain of restaurants across the UK, trademarks are a critical part of brand protection.

By registering a trademark with UKIPO, you can ensure that your brand name, logo, and identity remain yours – and that no one else can profit from your hard work.

If you’re unsure where to start, speaking to an intellectual property lawyer can help you navigate the process and make sure your brand is protected in the UK and beyond.