Trademark registration mistakes can be costly and time-consuming to fix. Here are the five most common errors we see businesses make—and how you can avoid them.
Mistake #1: Not Conducting a Proper Trademark Search
The Problem
Many businesses skip the trademark search or do a superficial one. They apply for a trademark that's already registered or too similar to an existing one.
The Solution
Conduct a comprehensive search using the UK IPO database. Search for:
- Exact matches of your proposed trademark
- Phonetically similar names
- Similar-looking logos
- Marks in related classes
Pro tip: Consider hiring professionals for a thorough search—it could save you the £170 application fee if conflicts are found.
Mistake #2: Choosing the Wrong Trademark Classes
The Problem
Businesses often choose too few classes (leaving gaps in protection) or too many (wasting money on unnecessary classes).
The Solution
Think about:
- What products/services you offer NOW
- What you plan to offer in the next 2-3 years
- Related areas where you might expand
Example: A coffee shop might need Class 30 (coffee), Class 43 (café services), and Class 35 (retail).
Mistake #3: Using Descriptive or Generic Terms
The Problem
Trademarks that merely describe your products or services are often rejected. For example, "Fresh Bread" for a bakery or "Fast Delivery" for a courier service.
The Solution
Choose distinctive, unique names that don't describe your products:
- Good: "Kodak" (made-up word), "Apple" (unrelated to computers)
- Bad: "Quality Computers", "Best Pizza"
If you must use descriptive terms, consider adding a distinctive element like a unique logo.
Mistake #4: Waiting Too Long to Register
The Problem
Many businesses use their brand for months or years before registering. During this time, someone else might register a similar mark—or worse, register YOUR exact brand.
The Solution
Register your trademark as soon as possible:
- Ideally before launching your business
- Immediately after choosing your brand name
- Before investing heavily in branding/marketing
Remember: In the UK, the first to file generally has priority—not the first to use.
Mistake #5: Not Monitoring and Enforcing Your Trademark
The Problem
Getting your trademark registered is just the beginning. If you don't monitor for infringement and take action when necessary, your trademark can become weakened or even lost.
The Solution
Set up a monitoring system:
- Regularly search for similar new trademark applications
- Monitor online marketplaces for counterfeit products
- Set up Google Alerts for your brand name
- Consider professional trademark monitoring services
If you find infringement, consult a trademark attorney about your options.
Bonus Tip: Using the Wrong Symbol
Quick Reference
- ™ = Unregistered trademark (can use anytime)
- ® = Registered trademark (ONLY after registration)
Using ® before registration is illegal in the UK!
Avoid Mistakes with Professional Help
Our experienced team can guide you through the trademark process, helping you avoid costly mistakes. Packages from £490.
Start Your ApplicationSummary: Your Trademark Checklist
- ✅ Conduct comprehensive trademark search
- ✅ Choose appropriate classes for your business
- ✅ Select distinctive, non-descriptive trademark
- ✅ Register early—don't delay
- ✅ Monitor and enforce your trademark rights
- ✅ Use the correct symbol (™ or ®)
Register a Trademark UK Team
Helping businesses avoid costly trademark mistakes since 2010.