What is the Trade Mark Application Process?

In an increasingly competitive and digitalised economy, choosing to invest in your branding and protecting your intellectual property (IP) portfolio has never been more important. Your branding is more than just your company name and logo; it is the primary way customers recognise your business and distinguish you from your competitors. 

Swift registration of your branding is advisable, and this insight breaks down the process, outlining how Tozers can assist you.

Why register a trade mark?

Trade mark registration is one of the most cost-effective ways to protect your brand identity. Once formally registered, you will:

• Enjoy monopoly rights over your branding in connection with your chosen goods or services.
• Be able to put the ® symbol next to your branding (reinforcing credibility and brand authority).
• Create a legal right that can be commercially exploited, such as a license, to generate income.

For more information see our insight here.

How does the process work in practice?

For many businesses, the trade mark application process can seem technical or overwhelming. However, with the right legal strategy and legal adviser, it becomes a straightforward investment in your business’s future.

Step 1: Preliminary checks

Before you apply to register your trade mark, a number of preliminary checks should be carried out:

• Establishing whether the proposed trade mark is capable of registration – crucially, a trade mark must be sufficiently distinctive and must not fall foul of the statutory legal grounds for refusal.
• Searching the Intellectual Property Office’s (IPO) Register of Trade Marks to check for potentially conflicting marks.
• Identifying the appropriate numbered category and specific keywords of goods or services (known as ‘classes’ and ‘terms’) for which protection is required – this will depend on the activities of your business and, crucially, protection will only apply to the selected categories. You have to be specific.

Addressing these issues early can significantly reduce the risk of refusal by the IPO examiner or objections being raised at a later stage. We routinely undertake these checks and clearance searches on behalf of our clients, providing clear, practical advice on the prospects of registration before an application is submitted.

For further information on what you can register for, view our insight here – the variety of options available may surprise you.

Step 2: Application

Once the preliminary checks are complete, the next step is to prepare and file the application with the IPO. Applications can be submitted online via the government website or by post. There will be fees payable to the IPO to submit the application, which presently start at £170 (although do note fees will be increasing by an average of 25% as of 1 April 2026).

The application itself is separated into four distinct stages:

• Providing the personal or company details of the intended owner of the trade mark and any legal representative.
• Submitting a clear representation of the trade mark to be applied for.
• Confirming the precise classes and terms for which protection is sought.
• Confirming that the applicant has a genuine, good-faith intention to use the classes and terms over the next five years (rather than a fraudulent or temporary attempt to reserve a specific right).

Step 3: Examination and publication

After you apply for the trade mark, the IPO will examine the application to ensure it meets obvious legal registration requirements. The examiner may request changes or clarifications. Assuming there are no obvious defects identified, the application will be published in the official trademark journal for a two-month ‘opposition period’. Please note that just because the application proceeds to the opposition period does not mean that the application is free from defects.

During the opposition period, other rights holders (earlier trade mark holders or businesses with no registered trade marks) will be entitled to object to your application if they believe it is identical or confusingly similar to their own. This objection will be raised by submitting a Notice of Threatened Opposition (Form TM7A) with the IPO, which extends the opposition period by a further month.

Crucially, filing the notice does not commit the third party (named ‘the opponent’) to a full legal battle, but it does signify their intention to challenge the application and comes with favourable cost consequences in the event the matter proceeds to full opposition proceedings.

Whilst receiving notice of an opposition may seem daunting, it is often a tactical move. We have the legal expertise and experience to guide clients through this process and negotiate creative legal solutions that allow both businesses to continue using their trademarks without conflict.

You can find out more about notices of threatened opposition and legal strategy here.

Step 4: Registration

If your application is not opposed/any challenge is resolved successfully, your application will proceed to registration, and you will receive a certificate.

Your trade mark will then be protected for 10 years, with an option to renew it indefinitely.

Step 5: Monitoring and enforcing your trade mark

Whilst achieving trade mark registration status is a major milestone for securing your brand identity, it is only the beginning of protecting your business. Ultimately, a trade mark is only as effective as its enforcement. To maintain your monopoly rights, you must proactively monitor the market and IPO register for infringers.

If you suspect another business is infringing on your rights, or if you receive notice of a conflicting application, we can provide the specialist knowledge required to engage in constructive dialogue and take the lead in achieving a robust resolution that protects the integrity of your brand.

How can Tozers help me with trade mark registration?

We offer competitive fixed fees for filing trade mark applications and can discuss how to secure the best protection available, avoiding the common pitfalls. A significant amount of the trade mark work we handle arises from avoidable mistakes made at the outset – issues we can help you prevent.

We pride ourselves on being more than just solicitors; we are your strategic allies. As a top firm for client satisfaction, we’ve built our reputation on listening first and talking second. We specialise in turning legalese  into actionable business growth, ensuring you feel confident and informed at every step of your IP journey.

Contact our legal experts