How to register a trade mark in the United Kingdom

If you are an Australian business expanding into the United Kingdom, you need a UK trade mark registration. Your Australian trade mark does not protect you in the UK, and selling products or services there without checking the register could mean you are inadvertently infringing someone else's rights.

The UK has approximately 67 million consumers, strong trade relations with Australia, and a well-established intellectual property system managed by the UK Intellectual Property Office (UK IPO). Since Brexit, the UK is no longer covered by EU trade marks, so you need a separate UK registration.

This guide covers every stage of the process, from searching and filing through to examination, opposition, maintenance, and renewal.

Overview of the UK trade mark registration process

Registering a trade mark in the United Kingdom involves the following stages:

1. Search — check the UK IPO database for conflicting marks
2. File — submit your application directly with the UK IPO or via the Madrid Protocol
3. Examination — the UK IPO examines your application on absolute grounds only
4. Publication — accepted marks are published in the Trade Marks Journal
5. Opposition period — third parties have two months to oppose
6. Registration — if no opposition succeeds, your mark proceeds to registration
7. Renewal — every 10 years

The timeline varies depending on whether the application is contested. Expect the process to take at least a few months, and potentially up to a year or more if opposition is filed.

Trade mark search in the United Kingdom

Before filing, searching the UK trade mark register for existing marks is essential. This is especially important in the UK because the UK IPO does not refuse applications on relative grounds — it only examines on absolute grounds. Instead, the owners of similar existing marks are notified and given the opportunity to oppose.

This means your application could sail through examination but then face opposition from a prior rights holder you were unaware of. A thorough search helps you identify these risks before you file.

How to search the UK trade mark register

You can search the UK IPO trade mark database or WIPO's global brand database. If you are filing in multiple countries, WIPO's database is particularly useful as it covers marks from many jurisdictions.

Tips for an effective UK trade mark search

• Search variations — include synonyms, phonetic similarities, and spelling variations (including American vs British English)
• Check related classes — don't just search your own class; look at adjacent goods and services classes too
• Search the EU register too — although EU trade marks no longer cover the UK, many EU marks were "cloned" into UK registrations at Brexit. Search both registers
• Keep records — document your findings to inform your application strategy
• Search early — if you don't file immediately, conduct regular searches to capture new applications

For a comprehensive search, consider getting help from Markster.

Filing requirements for a UK trade mark

You can file a UK trade mark either directly through the UK IPO or via the Madrid Protocol using your existing Australian trade mark as a base.

What you need to file

• A clear representation of your trade mark
• A list of goods and services classified under the Nice Classification
• Owner details (name, address, nationality)
• An address for service in the UK (if filing directly)
• Filing fees

Filing via Madrid Protocol

The Madrid Protocol allows you to use your existing Australian trade mark as a basis, streamlining the process and making it more cost-effective when filing in multiple countries. You file through IP Australia, which forwards your application to WIPO, which then designates the UK.

Key considerations

• If you are filing within 6 months of your Australian application, you can claim the priority date
• The UK IPO accepts a broad range of mark types, including words, logos, shapes, colours, sounds, and motion marks
• Since Brexit, you need separate UK and EU registrations to cover both markets

Examination process for UK trade marks

Once your application is submitted, the UK IPO conducts an examination on absolute grounds only. This is a key difference from Australia, where examiners also check for conflicting marks (relative grounds).

What UK IPO examiners look for

• Distinctiveness — is your mark capable of distinguishing your goods or services?
• Descriptiveness — does the mark merely describe the goods or services, or a characteristic of them?
• Deceptiveness — could the mark mislead the public about the nature, quality, or geographical origin of the goods or services?
• Compliance — does the application meet all formal requirements?

Common reasons for refusal

• Lacks distinctive character
• Is primarily descriptive of the goods or services
• Contains customary terms or established trade practices
• Is deceptive regarding the nature, quality, or geographical origin of goods or services
• Contains specially protected emblems (e.g. Royal Arms, flags)

Responding to an examination objection

If a refusal is issued, the UK IPO will provide reasons. You can overcome refusal with:

• Strategic modifications to the specification of goods and services
• Compelling legal arguments addressing the examiner's concerns
• Evidence of acquired distinctiveness through use

Overcoming an objection can impact the total cost of your UK trade mark. For more on responding to examination reports generally, see our guide on how to overcome a trade mark examination report.

Opposition and cancellation in the United Kingdom

Opposition

After your mark is accepted and published in the Trade Marks Journal, third parties have two months to file an opposition (extendable by one month on request).

Because the UK IPO does not examine on relative grounds, opposition is the primary mechanism for owners of earlier rights to challenge new applications. This makes oppositions relatively common.

Oppositions can be based on:

• Relative grounds — only the owner of an earlier right can file (e.g. likelihood of confusion with their mark, dilution of a mark with a reputation)
• Absolute grounds — any person can file (e.g. the mark is not distinctive, is descriptive, or is deceptive)

Opposition forms (TM7, TM7F, or TM7a) must be filed with the UK IPO. Fees range from GBP 100 to GBP 200.

Cancellation (invalidity and revocation)

If a registered trade mark conflicts with your own, you can apply to cancel it. Common grounds include:

• Non-use (revocation) — the mark has not been used for a continuous period of five years
• Invalidity — the mark should not have been registered (e.g. it lacked distinctiveness or conflicted with earlier rights)
• Deceptiveness — the mark has become misleading through use

Best practices for avoiding disputes

• Conduct thorough searches before filing
• Maintain consistent use of your trade mark
• Keep detailed records of your mark's use and distinctiveness
• Consider trade mark monitoring to catch conflicting applications early

Using a lawyer or agent for a UK trade mark

A lawyer is not strictly required for all UK trade mark applications, but there are situations where professional help is essential.

When you need a UK-based representative

If you are filing directly with the UK IPO and do not have an address for service in the UK, you will need a UK-based representative. This can be a trade mark attorney, solicitor, or other agent with a UK address.

If you are filing through the Madrid Protocol, you do not need a UK-based representative unless issues arise during examination or opposition.

Why Australian businesses use trade mark lawyers

Most Australian businesses use Australian trade mark lawyers (like Markster) to handle international filings. Benefits include:

• Specialised knowledge of UK regulations and practices
• Streamlined processes, reducing time and potential errors
• Tailored strategy aligned with your business goals
• Compliance with local requirements, avoiding costly mistakes
• A single point of contact for all your international filings

If UK-based representation is needed (e.g. for an opposition), we can connect you with trusted UK counsel.

Maintaining and renewing your UK trade mark

Maintaining your mark

The UK does not require you to file proof of use to maintain your registration. However, you should still:

• Use your mark actively in connection with registered goods and services
• Keep records of marketing materials, sales figures, and promotional activities
• Monitor for infringement and take action promptly

If you do not use your mark for five continuous years, it becomes vulnerable to revocation (cancellation) for non-use. Any interested party can apply to have your mark removed from the register.

Renewal

UK trade marks must be renewed every 10 years. Key details:

• The government renewal fee starts at GBP 200 for one class, plus GBP 50 for each additional class
• You can renew up to 6 months before the expiry date
• There is a 6-month grace period after expiry, but additional fees apply
• If you miss the grace period, your trade mark will be removed from the register

If your UK trade mark is based on a Madrid registration, renewal can be managed centrally through WIPO across all designated countries.

Key differences from Australia

In Australia, trade marks are renewed every 10 years with no proof of use required — similar to the UK. However, the UK's non-use revocation threshold is five years from the completion of the registration process, which can catch Australian businesses off guard if they are not actively trading in the UK.

Markster can manage your UK trade mark renewal deadlines — get in touch.

Costs of registering a trade mark in the United Kingdom

Government fees for a UK trade mark application start at GBP 170 for one class (direct filing), with additional fees for extra classes, opposition responses, and renewals.

For a full breakdown of government fees and professional costs, see our detailed guide on how much it costs to file a trade mark in the UK. You can also use our international filing fee calculator to get an instant estimate.

Filing a UK trade mark from Australia

If you are an Australian business looking to register in the UK, here are some practical tips:

• Use the Madrid Protocol — filing via Madrid through IP Australia is usually the most efficient route. See our guide on filing directly or using WIPO
• Remember Brexit — a UK trade mark only covers the United Kingdom. If you also need protection in EU member states, you will need a separate EU trade mark
• Claim priority — if you file within 6 months of your Australian application, you can claim the earlier priority date
• Check for cloned marks — at Brexit, existing EU trade marks were automatically cloned into UK registrations. Search both the UK and EU registers
• Consider timing — if you plan to file in multiple countries, coordinate your filings to take advantage of the 6-month priority window
• Budget for potential opposition — because the UK IPO does not examine on relative grounds, opposition from prior rights holders is more common

Frequently asked questions

How long does a UK trade mark registration last?

A UK trade mark registration lasts 10 years from the filing date and can be renewed indefinitely in 10-year periods.

Do I need a UK lawyer to file a trade mark?

Not necessarily. If you file through the Madrid Protocol, you do not need a UK-based representative unless issues arise. If filing directly, you need an address for service in the UK.

Does my EU trade mark cover the UK?

No. Since Brexit (1 January 2021), EU trade marks no longer cover the United Kingdom. You need a separate UK registration. However, if you had an EU trade mark before Brexit, a comparable UK right was automatically created.

What is the difference between UK and EU trade mark protection?

A UK trade mark covers only the United Kingdom. An EU trade mark covers all 27 EU member states. Since Brexit, you need both if you want protection in the UK and the EU. See our EU trade mark guide for more.

Can I file in the UK and EU at the same time?

Yes. You can designate both the UK and the EU in a single Madrid Protocol application, or file separate direct applications with each office.

What happens if someone opposes my UK trade mark?

You will be notified and given the opportunity to respond. If you cannot resolve the opposition, the matter may proceed to a hearing before the UK IPO. Professional representation is strongly recommended.

Need help with a UK trade mark?

Whether you are filing a new application, responding to an examination report, managing an opposition, or keeping your registration alive, contact Markster for expert guidance on UK trade marks.

You can also explore our international trade mark filing guide to understand how the UK fits into a broader international strategy.

Please note, the information in this article is general in nature and is not legal advice. You should seek independent legal advice tailored to you and your circumstances.