When planning to start a business, many business owners may not include trademark registration in their planning. Most entrepreneurs and business owners think that after registering their company with Companies House, they are fully protected.
To burst your bubble – that is not the case. Incorporating your company with Companies House only gives your business a legal structure, and other businesses cannot use the name of your business since it is registered.
UK Trademark registration protects your company’s brand identity, which includes: name, logo, slogan, symbols, colors, sounds, and anything distinctive element that only belongs to your business. While some entrepreneurs may already know this, one of the most common questions asked is: How much does trademark registration cost?
Well, while there is a set cost for trademark registration, the amount may differ from one business to another depending on various factors. This article will highlight everything small businesses and startups should look out for to ensure they can afford trademark registration.
Overview of what UK trademark registration involves
Trademark registration in the UK involves applying to the Intellectual Property Office (IPO). The UKIPO accepts several elements to be registered as a trademark, which include;
- Name
- Logo
- Slogan
- Designs
- Symbols
- Phrases
- Sounds
- Colors
- Patterns
- Shapes
Registering these elements as a trademark gives your business exclusive rights to reproduce, create derivative works of, distribute, publicly display, and publicly perform original works, and to prevent others from copying the same.
Depending on your business, choose the trademark element you want registered, which can be different from other businesses in different industries. For instance, the entertainment industry may have totally different elements that they would love to register that may not be for other businesses. Among the elements that businesses in the entertainment industry register as trademarks are scripts, sounds, unique transitions, motions, and textures, among others.
A non-traditional element that businesses in the fashion industry, especially those producing or manufacturing perfumes, can register as a trademark is smell.
Before you register any of your business’s distinctive elements as a trademark, it is essential to do a search and ensure nobody else has registered it before applying with the UK IPO.
What elements of the trademark registration process make up the total cost?
Before we dive into the cost of trademark registration, let us understand the process so as to get a glimpse of where the charges are coming from. These processes include;
Trademark search
Just as you do a name search of your business before you register a UK company with Companies House, it is essential to conduct a trademark search and ensure it is available and distinctive. Trademark elements that look like what an existing business has registered will not be approved by the IPO.
It is essential to ensure the trademark is unique, not similar to or the same as the existing ones. This will actually save you a lot of money in the registration process.
Applying with the UKIPO
Once you are sure that your trademark is available, you can start the registration process with the IPO. Details such as the company’s information and trademark details will be needed before the registration process begins.
Examination by UKIPO
This is the first stage of the process, where you will know if the trademark registration process will proceed or not. UKIPO must ensure that whatever you are registering is unique and available, and also complies with their regulations.
Publication for opposition
Once the UKIPO is satisfied with the element, the second stage to see whether the process will be approved is the publication stage. This is where third parties feel that the element being forwarded for registration is infringing on their trademark. This stage allows them to object to the application, where you will be given time to respond and change the element if indeed it’s infringing on their trademark.
Registration and certificate issuance
Once the application is approved, you will be issued a certificate of trademark registration. This will ensure that no other business or individual can use your trademark for their own gain. It actually gives you the right to take legal action against anyone who infringes on your trademark.
While these may seem like a long and time-consuming process, it is actually worth it at the end.
How much does trademark registration cost
Now, to the most awaited part, how much does trademark registration cost? The cost may vary depending on various factors, which include;
Method of application: You may choose to register your trademark directly with the IPO or use a third-party service that makes the process seamless. When registering directly with the IPO, you will only incur £170 for the first class of goods/services, with an additional fee of £50 for each extra class. Using a third-party service, you will incur a service charge that is different from one provider to another.
Number of classes: The cost will also differ depending on the number of classes you choose to register for. Trademark classes in the UK are based on the international Nice Classification system, which categorises goods (Classes 1-34) and services (Classes 35-45).
To register a trademark, you must select the correct class(es) that describe your products or services to ensure protection. Every additional class incurs £50; the more classes you choose, the higher the cost of trademark registration.
Responding to objections: If your application faces objections, it is your obligation to respond to them, which will incur additional costs. You may need potential legal representation, which does not come for free.
Trademark opposition: Opposing another trademark can incur additional legal fees. Opposing a trademark requires someone who understands the laws and the complex procedural nature of the process, which involves presenting evidence.
Trademark search service: If you use a trademark search service, which is optional but highly recommended, you may incur a professional fee of £50–£300, depending on the depth.
Renewal costs: After every 10 years, you will be required to renew the trademark registration, which costs £200 and £50 for any additional classes.
Common mistakes that increase the cost of trademark registration
Choosing the wrong or irrelevant classes: This will increase the cost since you will have to pay to file multiple or separate applications to have full protection. Additionally, you will face application rejections, losing the filing fees.
Ignoring UKIPO objections or opposition notices:
Failing to renew on time: This may lead to incurring penalties and fines or even loss of protection. If you lose protection, you will be required to file a new application to re-register it.
Choosing a name or element too similar to an existing trademark: this will lead to an objection, which may lead to incurring additional costs such as legal representation.
To conclude, trademark registration is essential for every business. This ensures you have total protection of your business brand, which includes the company name, logo, design, symbols, among others. With a trademark registration, you have the right to take legal action against anyone who infringes on your trademark registration.
Trademark registration can feel overwhelming, especially for first-time business owners. Working with a specialist service can simplify the process significantly – handling everything from the initial filing to ongoing application updates and issuing your trademark certificate. Some providers offer this end-to-end support for as little as £50, making it accessible even for startups and sole traders.
