Can Filing a Trade Mark Before 1 April Save You Money?
Posted on in Intellectual Property
Imagine paying 1990s prices for a 2026 asset. For nearly three decades, the cost of protecting your brand in the UK has been frozen, but the thaw is coming! With fees set to rise by an average of 25% and series marks being scrapped, your window for cost-effective protection is closing. Now is the time to secure your badge of origin” before the rules of the game get more expensive.
Can filing before 1 April save you money?
Yes (and quite a bit if you plan on protecting your brand properly). Please see below for two examples.
1. Protecting all the goods/services you offer: A common problem is failing to protect everything you sell/offer to the public, leaving your branding vulnerable. For example, a charity applying for a trade mark with just fundraising services, but not education and lobbying services and/or merchandise. You should ensure to apply for a trade mark with a detailed trade mark specification covering all use classes (goods/services) you offer/plan on offering over the next 5 years.
Application for one trade mark with 3 use classes – current fees: £270 (excluding lawyers’ fees).
Application for one trade mark with 3 use classes – April 2026 onwards fees: £325 (excluding lawyers’ fees).
Fee saving if registering now: £55
2. Protecting your brand with word marks and logo marks: Another common problem is brand owners registering only part of their brand. For example, a logo only. To secure the best protection, you should protect your patch with the logo marks, word marks, and a combination of both.
Application for three trade marks with 3 use classes – current fees: £810 (excluding lawyers’ fees).
Application for three trade marks with 3 use classes – April 2026 onwards fees: £975 (excluding lawyers’ fees).
Fee saving if registering now: £165
What exactly is a registered trade mark?
At its core, a trade mark functions as a badge of origin, a concept deeply rooted in the historical practice of branding. This evolved as early potters began marking their work with thumbprints or symbols to communicate a simple but powerful message to customers: “This is a product coming from my pottery and my hands.”
Today, trade marks operate in much the same way, serving several vital functions for your business and its customers:
- Reassurance of quality: A trade mark provides consumers with a guarantee of origin, offering immediate reassurance regarding specific features such as quality, luxury, or value.
- Building trust: By acting as a unique identifier, a mark helps your company stand out in the marketplace, legitimising your business and building a trustworthy rapport with your audience.
- Distinctiveness: It allows traders to differentiate their goods or services from those of their competitors, ensuring that customers can rely on the consistent standard of the products they purchase.
- Brand loyalty: A trade mark is a physical point of connection to which customer loyalty can attach; without this badge, it is nearly impossible for a business to maintain a successful, long-term brand identity.
What is a “strong” trade mark vs. a “weak” trade mark?
- Strong marks: These are fanciful (invented words like “ROLEX”) or arbitrary (common words used for unrelated goods, like “APPLE” for computers). They are the easiest to register and enforce.
- Weak marks: These are descriptive (directly describing the product, like “SPEEDY WILL WRITING LAWYERS” for legal services) or generic (common terms like “TICKING” for watches). These are highly difficult or impossible to register because descriptive words should remain free for everyone to use in the industry sector.
For more information, read our insight here.
If I register a trade mark in the UK, are my rights global?
No, trade marks are territorial. A UK registration only provides protection in the UK and the Isle of Man. If you want to protect your brand in other countries, you must register in those specific territories, often using the Madrid Protocol to manage multiple international applications at once.
Summary
Think of a trade mark as the signature on a painting. While anyone can paint a landscape, the signature tells the buyer exactly whose reputation and skill stand behind the work. It is the artist's way of saying, “this comes from me,” and the buyer’s way of knowing they are getting an authentic, high quality piece rather than a nameless imitation by someone trying to ride on the artist’s reputation.
Why use Tozers?
Our IP sub-team provides specialist legal advice and incorporates lawyers with backgrounds in Litigation and Commercial Law, with our key Solicitor, Jessica Whittick, having unique prior experience as an IP Analyst for an international brand protection firm.
“We’d be delighted to help you navigate this area of Law and trademark your branding. Intellectual property isn’t just about protecting ideas - it’s about safeguarding innovation and enabling growth. Our team combines litigation strength with commercial insight to deliver practical, strategic solutions for businesses in a fast-changing world.”
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