01737 339 618
Daniel Crate
Founding Partner | Solicitor
Written by Daniel Crate | Founding Partner & Solicitor
Do I Need to Register a Trade Mark to Protect My Business?
A couple of weeks ago, we obtained a registered UK trade mark for “Crate Jacobs”.
As a co-founder of a new business, I understand that there are many demands on start-up capital and cashflow. Outgoings quickly add up — rent, computer hardware, marketing, website development, branding consultants, insurance, software packages, and, most importantly, the essential coffee machine.
However, as intellectual property specialists, it would be remiss of us not to protect our brand name from the outset. We invested significant time, energy, and money developing our brand name and logo.
We like to practise what we preach.
What Is a Trade Mark?
A trade mark is a distinctive sign used commercially for goods and/or services, which consumers recognise as coming from a particular source. In other words, it is a badge of origin.
For example, most people immediately recognise a particular global brand when they see golden arches on a motorway.
Similarly, consumers understand that Penguin Books is not associated with companies producing Penguin clothing or Penguin chocolate bars. These brands can coexist within their respective markets.
Trade marks can include:
- Words (“Gymshark”)
- Logos (the Nike Swoosh)
- Sounds (think Microsoft)
- 3D shape marks (Louboutin’s red sole)
It is generally advisable for businesses to obtain a registered trade mark for their brand name (i.e. a word mark such as “Crate Jacobs”) as early as possible. Protection for logos is often less urgent, as these may evolve over time, whereas brand names tend to remain consistent. As intellectual property specialists, it probably wont come as much of a surprise however that we have also filed an application for our CJ logo.
Key Benefits of a Registered Trade Mark
Making the investment to register your trade mark offers several important advantages:
Monopoly Rights
You gain exclusive rights to use the mark within the relevant territory. This helps avoid situations where businesses are forced into costly and time-consuming rebrands after discovering they are infringing an existing trade mark.
Long-Term Commercial Asset
A registered trade mark can increase the value of your business, particularly if you plan to seek investment or sell in the future. It can also open up opportunities for licensing and franchising.
Right to Enforce Your Brand
You are able to prevent others from using identical or confusingly similar marks. Professional advice can assist in enforcing these rights where necessary.
What Goods and Services Should a Trade Mark Cover?
Trade mark applications should cover the goods and services you currently provide, or intend to provide in the near future.
Applications are divided into 45 “classes” under the internationally recognised Nice Classification system.
For example, a coffee shop brand may wish to include:
Goods:
- Coffee, tea, and other non-alcoholic beverages
- Coffee beans
- Disposable cups
- Merchandise such as clothing and reusable cups
Services:
- Coffee shop services
- Restaurant services
- Takeaway food and drink services
Why Are Clearance Checks Important?
Before filing a trade mark application, it is advisable to check whether an identical or similar mark already exists, particularly in relation to similar goods or services.
These checks help reduce the risk of your application being opposed by an earlier rights holder. Professional advisers can assist with comprehensive clearance searches both in the UK and internationally.
How Long Does a Trade Mark Last?
A registered trade mark can last indefinitely, provided it is renewed.
In the UK, renewal is required every 10 years, subject to payment of the relevant fee.
What Does It Cost to Register a Trade Mark?
The current application fee payable to the UK Intellectual Property Office (UKIPO) is £170 for one class, with an additional £50 for each extra class.
However, these fees are due to increase by 25% from 1 April 2026. Where possible, it may be beneficial to file your application before this date.
How We Can Help
At Crate Jacobs, we specialise in helping businesses protect and enforce their trade marks, both in the UK and internationally. We enjoy working with founders as they grow their businesses and navigate competitive markets.
If you have any queries about trade mark protection or enforcement, please feel free to call us for an initial free consultation on 01737 339 618.
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