Trade Mark Fees Are Increasing – Smart Strategic Moves to Make Before April 2026
Posted on in Intellectual Property
Don’t let the end of a 28-year price freeze catch you off guard. Thoughtful registration of intellectual property lies at the heart of many a business success, and now is the time to act strategically before the first significant fee increase since 1998.
For nearly three decades, the cost of protecting your brand in the UK has remained static. However, the Intellectual Property Office (IPO) has announced that fees for trade marks, patents, and designs will increase from 1 April 2026, subject to parliamentary approval. This marks a significant shift for any business that relies on its brand identity to drive commercial value.
Think of a trade mark like a fenced boundary around your property. You can own the land without a fence, but it's much harder to stop people from wandering in. Paying for registration now is like putting up a high-quality fence at a discount – it clearly marks your territory and deters intruders before a dispute even starts!
The upcoming change: What you need to know
The IPO has historically avoided fee increases through digital investment and improved efficiency, but an increase of 25% is now necessary to address inflation. For businesses planning to protect their branding, the financial impact is direct:
- Standard trade ark application: Set to rise from £170 to £205.
- Additional use classes: Currently £50, these will also see an upward adjustment to £60. If you intend to protect your trade mark for more than one good or service, you will incur a £60 fee for each.
While April 2026 might seem distant, the “first-to-file” nature of trade mark law means that timing and approach are everything.
Why register now?
Simply put, to protect your “badge of origin”. A trade mark is more than a legal formality; it is a valuable commercial asset that acts as a "badge of origin" for your customers. It tells the world, “I made this”, “this is the quality you can expect from my products”, and provides the exclusive right to use that mark for your registered goods and services.
Registration turns your brand into a tangible piece of property that can be sold, licensed, or franchised to generate additional revenue. Furthermore, startups with registered trade marks are reportedly 10 times more successful in securing funding, as it gives investors confidence in the company’s long-term strategy and legal protection.
The risks of inaction: The “passing off” trap
If you choose not to register, you are relying on unregistered rights. In the legal world, this means you must rely on a passing off action to stop competitors from copying you.
Passing off actions is notoriously time-consuming and expensive. Unlike a registered mark, where you simply point to your registration certificate, an unregistered owner must provide extensive evidence of their “goodwill” or reputation. For a new or growing brand, proving this can be nearly impossible and often requires hiring market research experts, making the cost of enforcement far higher than the initial cost of registration.
Smart strategic moves to action
To avoid higher fees and ensure your brand is secure, we recommend the following steps:
- File without delay: Submit applications for new branding or product lines before 31 March 2026 to lock in the 1998 price point.
- Audit your portfolio: Identify gaps with your legal representative. Do you own the word mark as well as the logo, for example?
- The “series” deadline: The IPO is planning to abolish series trade marks (which allow up to six versions of a logo, like different colours, for one fee). If you use colour variations, you should register these as a series now before you are forced to pay for separate applications for each variant.
- Renew early: If your marks are due for renewal in 2026, you can renew up to six months before the deadline to benefit from current rates.
IPO fees are non-refundable. Engaging a lawyer to perform preliminary due diligence can prevent your application from being opposed by an earlier right holder, saving you from costly litigation.
How can Tozers help your business?
Navigating trade mark law can be a minefield, but it doesn't have to be daunting. Our fixed-fee Branding MOT Service is designed to identify exactly what needs protecting and ensure your application is drafted correctly.
We pride ourselves on being good listeners who break down complex legal jargon into words you can understand. Whether you are a startup securing your first logo or an established brand auditing a global portfolio, we can provide the strategic oversight needed to protect your patch.
Don’t wait for the 2026 deadline to secure your brand’s future!
You can arrange to speak with us in a preliminary, no-obligation call today to discuss your filing strategy and ensure your IP foundations are solid.