Are You Really in Control of Your Brand?

Imagine investing time, capital and creative energy into launching a startup only to discover that another business has already registered your brand name. Worse still, they're legally entitled to use it and you’re not.

This scenario is more common than it should be. And it's not limited to newcomers or hobbyists as even innovative, investment-ready startups fall into this trap every year.

At the heart of this issue lies a powerful yet often overlooked legal tool: the trademark.

They’re too often dismissed as a bureaucratic formality, however trademarks are a core pillar of intellectual property (IP). Not just for compliance, but also as a strategic asset. In a competitive market, they protect your identity, strengthen your position and add tangible value to your business.

What Is a Trademark and Why Does It Matter So Much?

A trademark is any recognisable sign that distinguishes your goods or services from others. It can be:

• A brand name (e.g. Revolut)
  

• A logo or symbol (e.g. Apple’s bitten apple)
  

• A slogan (e.g. Because you’re worth it)
  

• Even a sound, shape, or colour

  

Trademarks are one of the most enduring forms of IP as they can last indefinitely, provided they are renewed and actively used. In the UK, a registered trademark gives you exclusive rights which are enforced through the UK Intellectual Property Office (UKIPO).

Why it matters:

• It establishes your legal ownership of your brand.
  

• It becomes a valuable intangible asset you can license or sell.
  

• It deters competitors and copycats.

• It builds investor confidence by showing you’ve protected your core identity.

In early fundraising or partnership conversations, a registered trademark is more than just a legal shield, it’s a symbol of professionalism and foresight.

How to Trademark Your Brand in the UK: A Step-by-Step Guide

Trademark registration in the UK is a legal process but it's far from inaccessible. With the right approach, founders can manage it independently or with support. Here’s a breakdown of how to do it:

Step 1: Check If Your Brand Is Eligible

Not all names or designs are legally protectable.

To be registered, a trademark must be:

• Distinctive - Not just descriptive of your product or service.
  

• Non-generic - Avoid broad terms like Tech Solutions.
  

• Unique - Not confusingly similar to existing trademarks.
  
  

Use the UKIPO trademark search tool to check for potential conflicts.

You should also consider other trademarks with phonetic and visual similarity. Even small overlaps can trigger objections or legal disputes.

Tip: Avoid words that simply describe your product (e.g. ‘Smooth Coffee’). Descriptive terms are weak trademarks and often rejected.

Step 2: Define What You’re Protecting

Trademarks are filed under specific classes of goods/services, based on the Nice Classification system.

Examples:

• Class 9 - Software, apps, electronics
  

• Class 35  - Marketing, advertising and business consulting
  

• Class 42 - SaaS, tech development, IT services

Tip: Think long-term. Register in the classes your business is in now, as well as those you genuinely plan to grow into. Just be careful not to go too broad as this can trigger objections or weaken your claim.

Step 3: File Your Application with UKIPO

Once you're confident in your brand and your classes:

• File via the online portal.
  

• Submit a clear representation of your mark (logo or word mark).
  

• Pay the fee (starts at £170 for one class; +£50 per additional class).
  
  

The process usually takes 3- 4 months, assuming no objections or oppositions. If issues arise, you’ll have time to respond or amend your application.

Legal help isn’t required, but it’s often worth it, especially if your brand has cross-border ambitions.

Step 4: Respond to Objections or Oppositions

If the UKIPO or a third party raises concerns, don’t panic. Objections can often be resolved.

• Understand the issue: Is it too descriptive? Too similar to another mark? In the wrong class?
  

• Provide evidence: You may be able to prove distinctiveness through use, or clarify your application.
  

• Negotiate: Some oppositions can be resolved with coexistence agreements or by tweaking your application.
  

Legal representation is especially useful here as oppositions from large companies can be complex and expensive.

Step 5: Protect and Maintain Your Trademark

Once registered, a trademark needs to be used and enforced.

You must:

• Use it regularly (or risk losing it through “non-use” claims).
  Renew it every 10 years (UKIPO will remind you).

• Monitor for infringement.

• Take action when necessary via cease-and-desist letters or legal action.

Reminder: Trademarks are territorial and class-specific. If you expand into new markets or product areas then you’ll need additional registrations.

Some businesses subscribe to trademark watch services to stay alerted about similar filings.

Make Your Brand Legally Resilient

Trademarking isn’t just a legal checkbox, it’s a strategic move that protects your brand, reassures investors, and supports sustainable growth.

Ask yourself:

• Do we legally own our name, logo and key brand assets?
  

• Are we protected against infringement?
  

• Would we survive an IP audit from a future investor?
  
  

If the answer is no, or even not sure, now is the time to act. Your brand might be your most valuable asset so don't leave it exposed.

Frequently Asked Questions (FAQs)

1. Can I trademark my startup name before launching?
Yes. In the UK, you can file with an ‘intention to use basis’, even before launching your product or service.

2. How long does a trademark last?
In the UK, a trademark lasts 10 years and can be renewed indefinitely, as long as you continue using it and pay renewal fees.

3. What happens if someone challenges my trademark?
You’ll be given the chance to respond. It’s best to work with a trademark lawyer if you're facing opposition.

4. Is a UK trademark valid internationally?
No. Trademark protection is territorial. You’ll need to apply separately in each country or use the Madrid Protocol for broader protection.

5. Can I trademark both a logo and a word?
Yes. In fact, it’s often best to register both separately to maximise protection, your name and your visual identity.

I'm a step-by step kind of guy, so a person really does need to get the trademark name and registration done before anything else. Nothing else will work without those two.