Credibility
A registered mark signals professionalism and gives customers, investors and partners confidence in your brand.
Searches · Applications · International · Portfolio Management
Trademark Registration Lawyer Brand Protection Experts
Building your brand and protecting your reputation.
We help individuals and businesses choose, clear and register strong trade marks in the UK and internationally, drawing on over 25 years' experience in trade mark law.
Why a Registered Trade Mark Matters
Juliet asks, "What's in a name? That which we call a rose by any other word would smell as sweet." In business, the answer is very different. A name carries your reputation, your goodwill and the value you have built, and a registered trade mark protects it.
Easier Enforcement
Registration gives you a clear legal right to stop others using a similar sign, without having to prove reputation from scratch.
A Business Asset
A registered mark can be licensed, sold or used as security, and protects your investment in marketing.
Trade Mark Registration Services
Clearance Searches
Before you file, we search UK and international registers, and the wider market, for earlier marks that could block your application or lead to a dispute. A good search is the cheapest protection you can buy.
Choosing a Strong Mark
Marks that describe your goods or services, or are common in your industry, are hard to register and enforce. We advise on distinctive names, logos and slogans that can be protected.
Classes & Specifications
Goods and services are registered in 45 classes. Your specification sets the scope of protection, so it should cover what you do and plan to do, without overreaching. In SkyKick v Sky [2024] UKSC 36, the Supreme Court confirmed that applying for goods or services with no intention to use the mark can amount to bad faith.
Filing & Examination
We prepare and file your application at the UK Intellectual Property Office, and respond to any examination objections. After examination, the application is published so that third parties can oppose it.
International Protection
UK registration only protects you in the UK. We advise on international filings through WIPO's Madrid Protocol, and work with EU-qualified representatives for EU trade marks at the EUIPO.
Portfolio Management
Registrations last 10 years and can be renewed indefinitely. A mark not genuinely used for five years can be revoked. We manage renewals, record changes of ownership, and watch for conflicting applications.
Cases That Shape Trade Mark Protection
Reckitt & Colman v Borden [1990]
The "Jif Lemon" case. The House of Lords set out the three elements of passing off: goodwill, misrepresentation and damage. Unregistered brands can be protected, but each element must be proved.
Harrods v Harrodian School [1996]
The Court of Appeal rejected Harrods' passing off claim against a school using the name "Harrodian", finding no real risk of confusion. Even a famous unregistered name has limits, which is why registration matters.
Sabel v Puma [1998]
The European Court of Justice held that the likelihood of confusion must be assessed globally, taking account of visual, aural and conceptual similarity and the overall impression of the marks.
L'Oréal v Bellure [2009]
The European Court of Justice held that taking unfair advantage of a mark with a reputation can infringe even without confusion, here through imitation perfumes marketed with comparison lists.
Retained EU case law continues to influence UK trade mark law after Brexit.
The Trade Mark Registration Process
Six Steps
- 01 · SearchClearance searches across UK and international registers
- 02 · PrepareSettle the mark, the classes and a precise specification
- 03 · FileSubmit the application to the UK Intellectual Property Office
- 04 · ExaminationThe UKIPO examines the application; we respond to any objections
- 05 · PublicationThird parties have two months to oppose, extendable to three
- 06 · RegistrationIf unopposed, the mark registers and lasts 10 years, renewable
How Long It Takes
If there are no objections or oppositions, a UK trade mark usually registers around three to four months after filing.
The UK uses a first-to-file system, so filing early is important. To obtain a quotation, contact us on (020) 7305 7491 or at peter@pailsolicitors.co.uk.
Intellectual Property Law Since 1999
25+ Years' Experience
Internet, media and IP law since 1999
Published Author
A Practical Guide to Business, Law & the Internet (Kogan Page, 2002)
International Speaker
MBL Seminars speaker on IP and media law
SRA Regulated
Authorised and regulated by the Solicitors Regulation Authority (No. 827265)
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Trade Mark Registration Questions
What is a trade mark?
A trade mark is a sign, such as a name, logo, slogan or shape, that distinguishes your goods or services from those of others. In the UK, registered trade marks are governed by the Trade Marks Act 1994.
Do I need to register a trade mark?
Not necessarily. Unregistered brands can be protected through passing off, but you must prove goodwill, misrepresentation and damage, which is harder and more expensive. Registration gives you a clear, enforceable right.
How long does trade mark registration take?
If there are no objections or oppositions, a UK trade mark usually registers around three to four months after the application is filed.
How long does a registered trade mark last?
Ten years from the filing date. It can be renewed every 10 years indefinitely, but it can be revoked if it has not been genuinely used for a continuous period of five years.
Which classes should I register in?
Goods and services are divided into 45 classes. Your specification should cover what you sell now and plan to sell, without being so broad that it invites a bad-faith challenge.
Does a UK trade mark protect me abroad?
No. A UK registration only covers the UK. International protection can be obtained through the Madrid Protocol or national filings, and EU protection through an EU trade mark.
When can I use the ® symbol?
Only once your mark is registered, and only for the goods and services it covers. Falsely representing that a mark is registered is a criminal offence. You can use TM with an unregistered mark.
What happens if someone opposes my application?
The opponent files a notice of opposition and you have two months to file a defence, or the parties can agree a cooling-off period to negotiate. We act for applicants and opponents in opposition proceedings.
Register Your Trademark Today
Peter Adediran is the owner and principal solicitor at PAIL® Solicitors. Contact us for a quotation, or use the form below.
- The name, logo or slogan you want to protect
- The goods and services you offer or plan to offer
- When you started using the brand
- The countries where you trade or plan to
Telephone: +44 (0)20 7305 7491
Email: peter@pailsolicitors.co.uk
23 Berkeley Square, Mayfair, London W1J 6HE
Scope and fees are agreed in advance before any work begins.
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Contact us today to learn how we can help safeguard your success.