How Much Does It Cost to Register a Trade Mark?
Posted on in Intellectual Property
If you are building a brand, one of the first questions you may ask is: How much will it cost to protect it?
Trade mark registration is often perceived as complex or prohibitively expensive. In reality, the cost can be relatively modest – especially when compared to the immense value of the protection it provides, or the devastating cost of a legal battle should a conflict arise later.
Here, we break down the costs, fees, and key considerations involved in securing your brand.
What are the IPO fees?
In the UK, the UK Intellectual Property Office (IPO) charges fees based on the number of “Use Classes” you apply for. One of the biggest misconceptions is that a single trade mark registration automatically protects your brand across all goods and services. On the contrary, your application must be drafted very carefully.
- The base fee: The standard IPO fee is £205 for one application in one Use Class (there is no VAT payable).
- The sliding scale: Each additional class added to the same application costs an extra £60.
Goods and services are ordered into numbered Use Classes (numbers 1-45). You select the numbered Classes and include the specific goods and services you intend the application to cover. If you want to register a trade mark for clothing products, that falls under Class 25 (which also covers hats and shoes, if specified). However, if you also sell (or intend to sell) jewellery and keyrings, these fall under Class 14. Adding Class 14 to your application would increase the IPO fee by £60.
What other fees should you expect?
While the IPO fee is fixed, there are often additional costs depending on how you approach the application process and how risk adverse you are. These include:
- Professional fees: Instructing a solicitor or trade mark attorney increases upfront costs but significantly reduces the risk of your application being refused or challenged.
- Clearance searches: A thorough search helps identify existing trade marks that may conflict with yours before you file.
- Responding to objections: If the IPO were to raise objections (for example, because they say your application is descriptive), you may incur fees to seek legal advice on how to overcome it.
- Opposition proceedings: If a third-party were to object to your application, costs can increase depending on how the matter is resolved.
Ultimately, the total cost of securing your trade mark depends on:
- How distinctive your brand is
- How crowded your specific market is
- Which existing trade marks are already registered
- How many Use Classes you need
- Whether any third parties object.
Key takeaway: A carefully planned and researched application can often entirely avoid the risk of costly conflicts and objections.
How long does protection last?
A registered trade mark lasts 10 years and can be renewed indefinitely upon payment of the IPO renewal fee.
Do I need a registered trade mark if I already use the name?
In most cases, yes. While using your brand without registration may grant you certain “unregistered rights” (under the common law tort of passing off), these rights are notoriously difficult, time-consuming, and expensive to enforce in court compared to a registered trade mark.
Would a registered trade mark with the IPO protect me abroad?
No because a UK trade mark only protects in the UK. If you trade internationally, costs will increase as you look into options like European Union Trade Marks or international filings, each of which has its own fee structure.
Protecting different elements of your branding
Yes, but you must register them as separate trade marks. Businesses commonly register their brand name (as a word mark) and their logo (as a figurative mark) separately.
- Word marks offer the broadest protection because they stop competitors from using the name, regardless of how it looks.
- Logo marks protect the specific visual identity. If you want to protect both independently, you will need to file two separate applications, doubling the base IPO fees.
A priced example
- T-shirts – Class 25
- Hats – Class 25
- Shoes – Class 25
- Jewellery – Class 14
- Keyrings – Class 14
- Retail services connected with the sale of clothing and clothing accessories – Class 35
Note: This total does not include professional legal fees for clearance searches, drafting, and filing.
Total IPO fee for one application with 3 Use Classes: £205 + £120 = £325
How Tozers can help with trade mark registration
Protecting your brand is an investment in your business’s future, but getting the application wrong can be a costly mistake. Our experienced intellectual property solicitors can help you navigate the classification system, conduct robust clearance searches, and handle the application process on your behalf to give your brand the best possible protection.
For expert advice on trade mark registration and protecting your intellectual property, please contact our specialist team today or complete our online enquiry form below.