For many American businesses, expanding into international markets is an exciting step toward growth. The United Kingdom is often one of the first destinations, thanks to shared language and strong economic ties. But before you start selling across the pond, there’s one critical question you should ask: How do you register a trade mark in the UK? And just as important how do you perform a trade mark UK search to make sure your brand is available and legally protectable?er, and offer practical tips to help you protect your brand as you enter the UK market.
Why You Need to Register Your Trade Mark in the UK
Even if you’ve already registered your trademark in the USA with the USPTO, your protection stops at the border. To legally secure your brand in the UK, you need to register it there too.
Without UK registration:
- Someone else could register a similar name or logo before you.
- You might face legal challenges when selling products or marketing your brand.
- Your brand reputation and investment could be at risk.
Registering your trade mark isn’t just legal protection it’s peace of mind and a key step in building an international brand.
Step 1: Start With a Trade Mark UK Search
Before you apply, it’s crucial to make sure your proposed trade mark isn’t already taken or too similar to existing marks. This is known as a trade mark UK search.
Why this matters:
If your mark conflicts with someone else’s, the UK Intellectual Property Office (UK IPO) may reject your application or worse, you could face legal action from the existing rights holder.
How to do a trade mark UK search:
- Visit the official UK IPO trade mark search tool (https://trademarks.ipo.gov.uk/).
- Search for your exact name, as well as similar spellings, abbreviations, or phonetic variations.
- Check both words and logos if you plan to register a figurative mark.
- Look within the same Nice Classes your goods or services fall under.
A thorough search can save time, money, and legal trouble later.
Tip: While you can do a basic search yourself, hiring a UK trade mark attorney or search professional is wise if your brand is central to your business.
Step 2: Understand the Trade Mark Application Process in the UK
Now that you’ve confirmed your trade mark is available, let’s look at how to register trade mark in the UK.
Here’s a simplified overview:
✅ Choose what to protect
Decide whether to register your name, logo, slogan, or a combination. Think about how your brand appears on products, websites, and packaging.
✅ Identify your goods/services
List the products or services your trade mark will cover, organized by the Nice Classification system. Be precise: broad claims may be rejected, and narrow ones might limit your protection.
✅ File your application
Apply directly on the UK IPO website. As of now, it costs £170 for a single class, plus £50 for each additional class.
✅ Publication and objections
After filing, your application is examined. If it passes, it’s published in the UK Trade Marks Journal for two months. During this period, other rights holders can object.
✅ Registration
If there are no successful objections, your trade mark is registered, and you receive a certificate. Registration usually takes around 4-6 months if no issues arise.
Important: Your registration can last indefinitely, provided you renew it every 10 years and continue using the mark.
Step 3: Protect and Enforce Your Trade Mark
After you register, it’s your responsibility to watch for possible infringements. Regularly check new filings and the market for potential misuse of your brand.
In the UK, the ® symbol indicates a registered trade mark. Use it only after your mark is officially registered. For unregistered marks, you can use ™.
Can You Use Your US Trade Mark in the UK?
A common question for American businesses is whether their US trademark automatically protects them abroad. Unfortunately, it doesn’t.
However, you have a few options:
- File directly with the UK IPO (most straightforward if targeting only the UK).
- Use the Madrid System to file an international application covering multiple countries, including the UK.
- Work with a UK trade mark attorney to manage the process.
Final Thoughts
Expanding your brand into the UK is an exciting opportunity but it requires careful planning. By starting with a trade mark UK search and understanding how to register trade mark properly, you’re investing in your brand’s future and protecting it from costly disputes.
Don’t let your hard work go to waste. Research thoroughly, file carefully, and if possible, seek professional guidance. Your brand is worth it and your customers in the UK will thank you for it.