Just 21% of UK SMEs say they use registered trade marks, according to the Intellectual Property Office’s latest survey of SME intellectual property awareness, while 30% report using no form of IP protection at all.
Set against the government’s estimate of around 5.7 million private-sector businesses, that suggests millions of UK firms may be operating without registered trade mark protection for their brands. At the same time, the register is becoming more competitive. The IPO received 173,180 trade mark applications in 2024, up 5.8% on the previous year and the second-highest total in its history, while registrations increased 9.1% to 156,596. For founders, the implication is straightforward: as more businesses secure exclusive rights to their brands, delaying registration increases the risk of conflicts, costly disputes and, in some cases, being forced to rebrand. For businesses considering registration, Trama, a full-service IP law firm, explains the UK registration process and common application pitfalls in its guide to UK trade mark registration.
Why aren’t more UK SMEs registering their brands?
The evidence suggests the problem is misunderstanding rather than indifference. While 79% of UK SMEs claim to be familiar with the term “intellectual property”, only 26% demonstrate a high level of understanding when tested on how common intellectual property rights apply in practice. Awareness is relatively high, but practical knowledge remains much lower. One of the most common misconceptions is that registering a company with Companies House also protects the business name as a trade mark. It does not. Company incorporation and trade mark registration are separate legal processes serving different purposes. Companies House helps prevent identical or very similar company names from being incorporated, but it does not grant exclusive rights to use a brand name in the marketplace. Those rights generally come through trade mark registration.
For founders, the distinction matters. A business can legally incorporate under one name yet still face trade mark disputes or even be required to rebrand if another business holds earlier trade mark rights. This is explained in more detail in this guide which outlines the differences between company names and trade marks, and when separate registration is needed.
Why timely brand registration matters for UK SMEs
Competition for registered trade marks is increasing. Nearly half of all UK trade mark applications now come from overseas applicants. In 2024, UK-based businesses filed 90,480 applications, accounting for 52.2% of all filings. As both domestic and international businesses register more brands, the pool of available names becomes increasingly crowded.
That makes timing critical. In practice, the UK trade mark system rewards businesses that register early. An application can be refused because of an earlier registered mark, even where the applicant has never come across the other business. As the register becomes more crowded, delaying an application increases the likelihood of encountering an existing right and the risk of costly rebranding.
Businesses that have not registered are not necessarily without protection. The common law action of passing off can protect established goodwill, and trade mark applications filed in bad faith may be challenged. However, relying on these rights is typically more complex and expensive, requiring evidence of reputation, trading history and customer recognition. A registered trade mark provides a clearer legal foundation, making it easier to enforce rights, deter infringement and resolve disputes before they escalate.
What trade mark registration actually involves, and what it costs
For many SME owners, the idea of registering a trade mark feels more daunting than it is. In the UK, the process runs through the Intellectual Property Office and follows a fairly predictable path, even if the legal judgement behind it takes some care to get right.
The starting point is a clearance search of the existing register, checking not just for identical marks but for similar ones that cover the same or related goods and services. This step is often skipped by business owners filing on their own, and it is the single most common cause of later disputes. A name can be entirely free to trade under and still infringe on an earlier registered mark in the same sector, particularly where the goods or services overlap even loosely.
Once a name clears the search, the application itself requires selecting the correct trade mark classes. The UK system uses 45 international classes covering different categories of goods and services, and a business must file in every class relevant to what it actually sells or plans to sell. Filing in too few classes leaves gaps in protection; filing in too many adds unnecessary cost. This is one of the areas where legal judgement matters most, since the classes chosen need to reflect not just the current business but a reasonable view of where it is heading.
On cost, the IPO’s own filing fees start at £170 for a single class online, with £50 for each additional class. That is a modest outlay set against the value most SMEs place on their brand, and considerably less than the cost of a forced rebrand after a dispute. Where a business uses a solicitor or trade mark attorney to handle the search, classification and filing, professional fees are added on top, but this is often worthwhile given how much of the process depends on judgement calls rather than mechanical steps.
Timing matters here too. Once filed, an application is examined by the IPO, published for a two-month opposition period during which third parties can object, and then, assuming no objection succeeds, registered. The full process typically takes around four months from filing to registration, though contested applications can take considerably longer. Businesses sometimes assume protection begins only once the certificate is issued, but the filing date itself establishes priority. This means that in a dispute with a business that files later, an earlier filing date generally wins, even if registration is still pending.
For SMEs weighing whether registration is worth the administrative effort, the practical answer is that the process is neither long nor especially expensive relative to the risk it addresses. The bigger cost, in time and money, tends to fall on businesses that wait until a dispute forces the issue, at which point the options are narrower and the legal fees considerably higher.
Register before your brand becomes valuable
The best time to think about trade mark protection is before a business and brand gains traction, not after. Search the trade mark register before committing to a name, identify the goods and services that genuinely reflect your business, and file an application before your brand becomes worth copying. Many common mistakes, such as choosing a descriptive name or selecting the wrong classes, involve legal judgement rather than simply searching a database. For most businesses, registering a trade mark is a relatively small investment compared with the cost of rebranding after a dispute.
A trade mark is often one of a company’s most valuable intellectual property assets, yet many UK SMEs still leave theirs unregistered. The value of intellectual property often grows alongside the business itself, making early protection increasingly important. With a new UK trade mark application filed roughly every three minutes, the opportunity to secure a distinctive name narrows every day. Registering early is no longer just a legal precaution; it is increasingly a commercial advantage.
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