How to trademark a name and logo in the UK: a walkthrough of the IPO online application

Registering a name and logo trade mark in the UK is done online through the Intellectual Property Office (IPO), and the application itself is not difficult once you know what each screen is asking for. I have done this hundreds of times for my own clients. Below I walk through the application as I would complete it for a logo that includes a business name, and then explain what happens after you press submit and how to protect the mark once you have it.

Before you apply: trade mark search

This article assumes you have already taken the important pre-application steps, which I cover in how to register a trademark in the UK in 5 steps. Those steps are there to minimise the chances of two things: first, your application being rejected by the IPO; and second, if it is not rejected, a third party opposing your application once it is published. Do that work first. The walkthrough below is about the procedure, not the legal merits of your mark.

UK IPO online trade mark application

The application is submitted on the official IPO page. Click on apply online to begin. I will assume you are starting from scratch, with no previous trade marks already owned, so every detail needs to be entered fresh. If you already own marks, some of the owner details can be reused.

Applicant details: who should own the mark?

The first step is to add a new name and address. Here you include your company's details as the owner of the trade mark. Before moving on, spend a little time reading the information on that screen. In brief, it covers data protection and the fact that some details will be public on the intellectual property register, which can be accessed online by anyone.

The applicant must also be entitled to hold property, which is typically the case if you are a limited company. Think carefully about which entity you name as the owner here, because, as I explain at the end, the trading company is not always the best place for a valuable brand to sit.

Choosing a word and logo mark type

Next you decide which kind of trade mark you are applying for. Because this guide is about a name and logo, I assume your logo contains the name of your business. In that case you apply for the mark type that includes both the name and the logo in a stylised way. This is different from a plain word mark, which protects the name in any form, and from a pure image mark with no words in it.

Uploading your logo

Click on choose file and upload your logo, ideally as a JPEG. The software then analyses the image and picks out the words contained in it. If the words it finds are correct, click yes. If not, you may need to upload a clearer, higher-quality image with more contrast, or contact the IPO to discuss the issue. There is a disclaimer to read before you continue. The words the system extracts matter, because they become part of the record of what your mark consists of.

How to apply for a series of trade marks

At this point I select series of trade marks. The reason is that my logo appears in different colours, for example one version with a white background and green writing, and another with white writing on a green background. The system shows you the kinds of variations that are acceptable and those that are not, and tells you there is an additional fee of £50 for a series.

To add the second variation, choose the file for the other colour version and attach it in the same way. Both variations then appear together, and the next screen summarises what the application will cost.

How to choose trade mark classes

Now you apply for the specific classes under which your trade mark will be registered and protected. Classes are, broadly, types of business or industry. I register my mark for legal services; an e-commerce business selling T-shirts would focus on clothing. Your protection only extends to the classes you choose, so this step decides what the registration is actually worth.

Select from the pre-approved list. I type a keyword such as legal and select the options that apply to my case, then try related keywords such as law firm and lawyer to find more sub-classes. I also add a few services that are not directly related to the practice I run today, because I have genuine plans to deliver them in the future and I want the mark protected for them.

Bad faith: selecting too many classes

Do not select an extremely large list of goods, services or classes. If you apply for too many things with no genuine intention to offer those services or sell those products, it may be seen as bad faith. Your application could be rejected, or someone could later apply to have the registration withdrawn on that basis. Genuine plans for the future are fine; a scattergun list is not.

How much does it cost to register a trademark?

The application fee at the time I applied was £170, which covers one main class, for example legal services. Each additional class you want to register against, for example accounting and tax advice, costs a further £50. The series of marks adds its own £50 fee, as above. So the total depends on how many classes you genuinely need and whether you are protecting more than one version of the logo.

Disclaimers and examination options

For a straightforward name and logo application, most of the remaining options do not apply. I do not add a description or limitation, I do not add a disclaimer, and I have no priority claim or priority registration date. It is a standard trade mark. Those other options would need a separate explanation, and if you think one of them applies to you, that is a sign to get advice before submitting.

I choose to pay the whole fee up front. That saves £30 compared with paying in stages, and I am confident the application will be accepted because I did the due diligence before applying.

Declaration and payment

The final screens confirm the details you have entered. Check them carefully, because this is the last chance to correct a typo in the owner's name or a missing class, then pay by card. If you reach the screen that says application submitted and you have a trade mark number, you have successfully applied for a trade mark.

What happens after you apply?

• Examination. The IPO reviews your application and decides whether it complies with their requirements.
• Publication. If it complies, the application is published in the IPO journal.
• Opposition period. For two months, anyone can oppose your application if they wish.
• Registration. Once the opposition period has passed without opposition, or you have won against an opposition, you have a registered trade mark.

This is why the pre-application checks matter so much. A proper search before you apply reduces the chance of an objection at examination and of an opposition once the mark is published.

Protecting trade marks with a holding company

Once you have the registered mark, think about where it sits. Your trading company carries the most risk, and your brand is extremely valuable. You might want to avoid holding ownership of the registered trade mark in the company that carries the most risk. Instead, consider owning it in, or transferring it to, a separate limited company within a group structure, so that if the trading company runs into trouble the brand is not caught up in it.

Next steps

Complete your pre-application checks, then work through the IPO form with your company details, the correct mark type, your logo files, and a realistic set of classes. Set a note for the two-month opposition period after publication. Once the mark is registered, speak to a corporate solicitor about holding it in a separate company to keep your brand away from the risks of the trading business.