A Guide to Trade Marking in 2026
- 5 hours ago
- 6 min read
Trade marking is an option for businesses wishing to protect the identity of their brand through registering a symbol, name, slogan, or combination of these, associated with the organisation.
Trade marks are classed as badges of origin and are also beneficial for consumers who use trade marks to attribute goods or services to a particular business or brand. Additionally, trade marks may be used as a form of accreditation or certification to signify that goods or services meet certain standards or criteria, such as being sustainably sourced.
Registering a trade mark can be a wise business decision as it protects your intellectual property (IP). However, it’s not always necessary and can be costly, especially if done wrong.
In this guide to trade marking in 2026, we will take you through:
What can be registered as a trade mark?
A company name or product name can be registered as a trade mark, as can a symbol or logo. This may include a graphic or your company name stylised in a preferred font. It might also include a slogan, or just be a slogan. For example, Tesco’s ‘Every Little Helps’ saying is trade marked to prevent rival companies from using it.
Although you should be looking at trade marking brand assets early on, it can be difficult to identify these in the early stages of your business. After all, company logos and even names are prone to change in the initial 1-2 years of trading. So don’t get carried away trade marking every brand asset and proposed slogan. Conducting some consumer research and gathering feedback (outside of friends and family) is always a good idea before you settle on anything. A trade mark may be used to identify your goods or services to clients and consumers for years to come, so it’s a decision worthy of research and consideration.
Once you’ve identified what you’d like to trade mark, you’ll need to look at whether that’s possible. Usually, you’ll want to trade mark your brand name and/or logo. However, there are some rules about what you can and can't register.
What cannot be registered as a trade mark?
You will not be able to trade mark a name that describes what you do or the industry you work in because it would be seen as an attempt to monopolise the market. For example, in the product world, you would not be able to trade mark the word ‘board game’. In services, you would not be able to trade mark the term ‘handyman’. However, that doesn’t mean you can’t use such terms in your brand or company name, only that you would not then be able to trade mark it.
You also can’t trade mark anything that:
Is offensive or includes swear words or rude imagery
Includes protected emblems such as flags, hallmarks, official signs, etc
Uses descriptive words that refer to the product or service, such as ‘apples’ for the fruit or ‘recruitment’ for recruitment services
Is misleading, such as ‘vegan’ if the product is not, or ‘educational’ if that’s not the main focus of the business
Includes non-distinctive marks or shapes (so things like circles or other basic shapes)
Includes imagery that is too directly representative of the nature of the business. So, for example, ‘apple’ may be used for a technology company but not an actual apple fruit supplier
These are just some of the reasons why a trade mark application could be denied. If you are in doubt about whether your trade mark falls into any of the above categories, then please do get in touch for legal advice.
Checking your trade mark is available
One thing you must also do before you trade mark a name is due diligence. If you want to trade mark your business/brand name, then check popular search engines first to see if it’s in use. You can also search Companies House and the UK IPO trade mark register for similar names or logos.
Just because a business has not trade marked a name that’s the same or similar to yours, don’t underestimate the impact its existence might still have on your business if they’re using it. For example, if somebody owns a domain name that includes your brand name, then you will not be able to use that domain. This can be a major obstacle, especially for companies planning to sell online.
Remember, even if you trade mark and then pursue legal action against another company using that name, there may remain an online imprint, potentially even including former customer reviews or listings that may then become associated with your business.
How to submit a trade mark application
You can apply to register a trade mark in the UK through the Intellectual Property Office at Gov.uk.
The process of registering a trade mark is reasonably straightforward. However, fees for your application are non-refundable, so be meticulous, because once your application has been submitted, you won't be able to make alterations. If your application is denied, you will have to pay again to start a new application.
Gov.uk offers a lot of guidance on what you can and cannot register as a trade mark, so make sure you read through all of this.
A trade mark application for the UK will cost a minimum of £205 (for one class of goods/services), and this fee is non-refundable even if your application is rejected. You may also need to apply for numerous class categories, and it can be difficult to know which are relevant, or may be in the future. Therefore, it can be wise to seek legal advice before making your application (see further on).
You can expect your application to be processed within 4 weeks, at which point you’ll receive feedback. Objections can be made by the examiner reviewing your application, and you’ll have the opportunity to respond to any of these objections. However, your application may also be opposed by others, which is why your trade mark application will spend 2 months on the trade marks journal. During this time, the Intellectual Property Office may notify any company with a similar existing trade mark, allowing them to raise objections. If your application makes it through this period without issues, then your trade mark will be registered, and you’ll receive your certificate. You’ll also be able to add the recognised trade mark symbol - ® - alongside your brand to let others know it is protected.
Trade marks last for 10 years, and you must remember to renew your trade mark before it expires.
Classification of goods and services
A major part of the trade mark application process is deciding which class the brand you want to trade mark sits in. For some businesses, this will be straightforward but businesses offering multiple goods or services may find they need to include several class categories. There is nothing to prevent you from doing this, but you should be aware that the IPO charge an extra £60 fee per each additional class registration.
You can use the IPOs trade mark class tool here to help you formulate your trade mark specifications.
Want to be sure you’re ticking all the boxes when applying for a trade mark? Download my Free Trade Mark Checklist, which will see you through all the steps and ensure nothing is overlooked.
Trade Marking Services
Aubergine Legal provide a Trade Mark Report Service which includes:
A search of the Intellectual Property Office (IPO) register to identify any identical or similar marks
Advice on the registrability of your brand name and/or logo
Guidance on the most appropriate classes of goods/services for your business
Strategic recommendations on how to maximise protection while minimising the risk of objections
We also offer a Trade Mark Registration Service, which includes:
Preparing and submitting your application to the IPO
Managing all correspondence with the IPO on your behalf
Guiding you through each stage of the process
Supporting you through to successful registration and issuance of your trade mark certificate
You will still need to pay the IPO fees for the application, but if you want my assistance registering more than one mark, e.g. name and logo, I offer discounts on my service fees for second applications.
How trade marks protect small businesses
Trade marks protect all businesses, but can be vital for small businesses. Being a small or a start-up company, especially one with a growing brand, can make you a target for larger companies hoping to capitalise on the ideas and talents of less established businesses. Anyone who watched Dragon’s Den knows that a major concern with new brands is the risk of having ideas copied by those who have more power behind them to get a product to market faster. This is why small businesses need to shield themselves using every legal protection at their disposal.
Trade marking your brand enables you to take legal action against any third party attempting to use your company name, logo or any other asset protected by your trade mark. It is also a highly effective deterrent against anyone attempting to do so.
The other benefit is also knowing that you’re not committing trade mark infringement, inadvertently.
Want to be sure you’re ticking all the boxes when applying for a trade mark? Download my Free Trade Mark Checklist, which will see you through all the steps and ensure nothing is overlooked.
