Use trade marks in your business

How to register a trade mark

To register a trade mark in the UK you have to apply to the Intellectual Property Office. You can complete form TM3 online or submit a paper form TM3 and send it with the appropriate fee and fee sheet to the Intellectual Property Office Trade Marks Registry. Discounts are available to those who apply online and pay the appropriate fee at the time of filing their application. Apply to register your trade mark with the Intellectual Property Office.

When applying for a trade mark it is important that you:

• conduct a search to check nobody has registered or applied for the same or a similar trade mark for the goods or services
• get your trade mark right first time, as it can't be altered after your application has been submitted
• list all the goods and services you want your trade mark to cover, as you can't add any later

Under the Trade Marks (Relative Grounds) Order 2007 it is possible to register a trade mark that is the same as, or similar to, an existing trade mark unless the owner of the earlier trade mark successfully opposes the new application. However, it is still worth checking that no one has registered the same or a similar trade mark before you make your application.

The Intellectual Property Office will normally examine your application within one month of receiving it. However, you can request a fast-track examination of your trade mark application using the new online form TM3. This fast-track service costs an additional £300, but you will receive your application report within ten working days. When the normal trade mark application service is being completed in ten days or fewer, the registrar may suspend the additional fees for the fast track service as there is no benefit in applying for a fast track service.

As with a standard application, if your trade mark application is acceptable it will then be published in the Trade Marks Journal - see the Trade Marks Journal on the Intellectual Property Office website - Opens in a new window. Assuming nobody objects to your application, your trade mark will be registered two months later and you'll get a certificate of registration.

Read information on the new online form TM3 and fast-track examination service on the Intellectual Property Office website - Opens in a new window.

A trade mark is registered for ten years, after which time it can be renewed indefinitely.

If you want your registered trade mark to apply overseas, you have to apply to the appropriate national or international organisations. See the page in this guide on registering a trade mark outside the UK.

Where to get help

Applying for a trade mark and carrying out an in-depth trade mark search is a complicated process. Mistakes can be expensive and time-consuming. You may want to take professional advice from a trade mark attorney or a patent attorney.

Subjects covered in this guide

• Introduction
• What is a trade mark?
• How to register a trade mark
• Registering a trade mark outside the UK
• Defend your trade mark
• Respect other people's trade marks
• Trade marks and domain names
• Here's how I deal with trade mark infringements
• Here's how I protected my idea with a trade mark (Flash video)

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