Summary
- Trade mark application costs in the UK vary depending on the application type and number of classes, with a Standard Application costing £205 for one class plus £60 per additional class, and a Right Start Application costing £125 initially with a further £125 payable if you choose to proceed after receiving the IPO’s preliminary assessment.
- A Series Application allows up to six versions of a trade mark that look, mean and sound the same to be registered together, with the first two versions included in the base cost and an additional £60 per extra mark, making it a cost-effective option for brands using multiple stylistic variations.
- Once registered, a trade mark lasts 10 years and can be renewed indefinitely for £245 per class plus £60 per additional class, and missing the renewal deadline results in removal from the register, leaving your brand unprotected.
- This article is a plain-English guide to trade mark application costs and the registration process for businesses in the United Kingdom, written by LegalVision’s business lawyers.
- LegalVision specialises in advising clients on trade mark registration, intellectual property protection and brand management in the UK.
Tips for Businesses
If you are unsure whether your application will be accepted, use a Right Start Application to test your position before committing to the full fee. Factor renewal costs into your long-term budget, particularly if you hold multi-class protection. Ask your trade mark lawyer to manage renewal deadlines to avoid losing registered protection.
If you are a business in the UK considering trade mark registration for your brand, you will likely be interested in learning the costs of applying. While the application process is relatively straightforward, mistakes can lead to unnecessary delays, additional fees and even a failed application. Taking the time to prepare your application properly, and seeking legal advice where needed, can help you avoid these costs. This article explains the costs of registering a trade mark in the UK and outlines practical ways to avoid unnecessary expense.
What is Involved in an Application?
A trade mark application has many different steps involved. The first step is to apply to the Intellectual Property Office (IPO), which will determine whether your trade mark meets the eligibility criteria for registration.
There is a standardised timeline that proceeds as follows:
- designing/choosing your trade mark;
- deciding which trade mark classes are appropriate;
- researching any existing trade marks that may be similar to yours (this is often referred to as a trade mark search);
- completing the application;
- paying the relevant fee for a Standard, Right Start or Series Application;
- examination by the IPO;
- publication of your application in the trade marks journal for opposition purposes (two months); and
- registration.
The associated expense of a trade mark application differs depending on the number of classes covered and which type of application you submit. Likewise, you may pay considerably more in legal fees if you have to address any objections. Trade mark applications can therefore vary in complexity, and consequently, so can the costs.
Standard vs Right Start Applications
You can choose whether you want to lodge a Standard Application or a Right Start Application. A Standard Application costs £205 to register your trade mark within one class and then an additional fee of £60 for any extra classes.
A Right Start Application however costs £125 for one class and £30 for any additional classes. You will receive a report with a Right Start application explaining whether your application meets the rules. You get 28 days to make a decision on whether you wish to continue with the application process. If you decide to progress, you must pay an additional £125 and £30 for every additional class you have chosen.
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Series Applications
A Series Application covers up to six separate trade marks that look, mean and sound the same, depending on the type of mark. The maximum number of versions you can include in a single Series Application is six, and the total cost for your application will depend on the number of versions. If you choose to make a Series Application, the first two versions of your trade mark are included within the initial cost, with an additional £60 fee for any additional marks.
An example of where a Series Application may be appropriate is for a trade name written in more than one way. For instance. DELTA, Delta, and delta. While the capitalisation differs, the threewords look, mean and sound the same. Therefore, a Series Application is appropriate.
Other illustrative examples include:
|
CAT and cat |
These two marks form a series because the use of capital letters does not impact the meaning or sound of the word. |
|
AboutTime and About Time |
These are a series because both marks possess the same meaning regardless of if they are joined or apart. |
|
Craze.com and Craze.co.uk |
These are a series as despite the fact they do not look the same, both .com and .co.uk are recognisable domain names. If, however, you were seeking to use lesser-known domains like .edu or .music in a series application, you would not likely meet the relevant requirements. |
Legal Advice
The expense of instructing a lawyer to advise you on your trade mark application is often the most substantial upfront cost. However, they can preempt any mistakes or unexpected errors, thereby saving you considerable costs in the long run. Therefore, you may actually save money by hiring a professional.
Renewing Your Trade Mark
Once your trade mark is successfully registered, it will remain valid for 10 years. After this period, you must renew your trade mark to maintain your exclusive rights. Failure to renew will result in your trade mark being removed from the register, leaving your brand vulnerable to use by third parties.
You can renew your trade mark up to six months before the renewal date or within six months after it – known as the “late renewal” period. Renewing late, however, attracts an additional surcharge on top of the standard renewal fee.
The IPO charges £245 to renew a trade mark in one class, with an additional £60 per extra class. Renewal costs scale in the same way as initial registration costs. Businesses with broad, multi-class protection should factor this into their long-term budgets.
The IPO will send a reminder before your renewal date. However, you remain responsible for renewing your trade mark on time. Many businesses ask their trade mark lawyer to manage renewals. This helps prevent missed deadlines and keeps protection uninterrupted.
LegalVision’s Trade Mark Essentials Guide provides valuable information for any business looking to register or enforce a trade mark.
Key Takeaways
Costs attached to trade mark applications can vary widely depending on the type of application, the number of classes you wish to register your mark in, and any legal fees incurred from professional advice or representation. A standard trade mark application for registration in one class costs £205, with additional classes costing £60 per class. Once registered, your trade mark will last for 10 years and can be renewed indefinitely for £245 +£60 per additional class, making it a cost-effective form of long-term brand protection. Overall, it is not a hugely expensive type of intellectual property protection and is a worthwhile investment for your business.
If you need help registering a trade mark for your business, LegalVision provides ongoing legal support for all businesses through our fixed-fee legal membership. Our experienced intellectual property lawyers help businesses manage contracts, employment law, disputes, intellectual property, and more, with unlimited access to specialist lawyers for a fixed monthly fee. To learn more about LegalVision’s legal membership, call 0808 196 8584 or visit our membership page.
Frequently Asked Questions
What is a Right Start application?
A Right Start application is one where you pay a reduced fee at the start of the process and obtain a report stating whether your application has met the criteria. You can then use this information to decide whether to proceed.
How long does trade mark registration last?
In the United Kingdom, your trade mark will be registered for 10 years before it must be renewed. You can renew your trade mark in the 6 months leading up to renewal and within the 6 months afterwards.
What is a Series Application and when is it appropriate?
A Series Application covers up to six versions of a trade mark that look, mean, and sound the same. It is appropriate where you want to protect a mark in multiple formats, such as different capitalisations or domain name variations. The first two versions are included in the initial cost, with an additional £60 per extra mark.
What happens if I do not renew my trade mark on time?
If you fail to renew, the IPO will remove your trade mark from the register. This can leave your brand unprotected and vulnerable to third-party use. You remain responsible for renewal even if you do not receive a reminder from the IPO.
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