Common Mistakes to Avoid When Filing a Trademark Application in the UK

A trademark is one of your business’s most valuable assets, but registering one successfully takes care and precision.

Even small errors can lead to delays, rejections, or expensive disputes later on. At MAR Legal, we often meet clients who tried to register their trademarks independently, only to find they’d made an avoidable mistake that weakened or invalidated their protection.

This guide explains the most common mistakes to avoid when filing a UK trademark application, and how to get it right the first time.

1. Failing to Conduct a Proper Trademark Search

A trademark is a sign that identifies your goods or services anOne of the biggest, and most costly, errors businesses make is filing a trademark application without checking if similar marks already exist. The UK Intellectual Property Office (IPO) will refuse any mark that is identical or confusingly similar to an earlier one registered in the same or related class.

Before applying, you should always search the UK IPO trademark register for:

• Identical or near-identical names and logos.
• Similar spellings, sounds, or visual styles.
• Trademarks registered for the same goods or services (classes).

For example: If you run a brand called Urban Bloom selling skincare, and there’s already UrbanBloom registered under Class 3 (cosmetics), your application will likely be refused.

2. Choosing a Descriptive or Generic Name

Another common mistake is applying for a mark that simply describes what you sell.

Words like “Fresh Bread,” “Budget Cars,” or “The Legal Team” are too generic to register — the IPO will reject them because they don’t distinguish your business from others. Under Section 3 of the Trade Marks Act 1994, a trademark must be distinctive, not descriptive.

Descriptive marks (usually rejected):

• “Best Pizza Manchester” – too descriptive
• “Organic Cleaning Solutions” – generic words for the trade
• Distinctive marks (likely accepted):
• “Blue Olive Pizza” – creative and unique
• “EcoSphere” – invented word or combination

3. Selecting the Wrong Trademark Class

When you file your application, you must select one or more “Nice classes” that describe your goods or services. There are 45 trademark classes in total:

• Classes 1–34 – goods (e.g., clothing, electronics, food)
• Classes 35–45 – services (e.g., advertising, consulting, education)

Choosing the wrong class is one of the most common pitfalls — and it can leave your business unprotected.

For instance: A tech business registering only Class 42 (IT services) might forget Class 9 (software), leaving its actual software products vulnerable.

You can browse the full list of classes on the IPO’s official guide.

4. Filing for a Trademark That’s Already in Use

BEven if a similar mark isn’t registered, another business may already be using it — creating what’s known as a “passing off” risk.

In UK law, passing off protects unregistered trademarks where:

• 1. The name has built up goodwill;
• 2. Another party misrepresents their business as being connected; and
• 3. It causes damage or confusion.

This means you can still face legal issues even if the other brand hasn’t registered the mark. You can read more about this in the IPO’s guidance on passing off.

5. Using Incorrect or Incomplete Owner Details

Your application must clearly identify the legal owner of the trademark — whether that’s an individual, partnership, or company.

Mistakes here are surprisingly common and can cause ownership disputes later, especially if your business structure changes.

Example:
If you apply as an individual, but later form a limited company, the trademark remains under your personal name. You’ll then need to formally transfer it via an assignment with the IPO.

6. Overlooking the Cost of Additional Classes

The IPO charges £170 for one class and £50 for each additional class (as of 2025). Many businesses try to save money by applying for only one class — but this can backfire if your brand spans multiple areas.

For example:

• A drinks company selling and producing beverages might need both Class 32 (non-alcoholic drinks) and Class 33 (alcoholic drinks).
• A retailer selling clothes online might need Class 25 (clothing) and Class 35 (retail services).

You can view the full fee schedule on the IPO website.

7. Failing to Respond to IPO Examination Reports

After submission, every application undergoes an examination by the IPO to ensure it complies with the law.

You’ll receive an Examination Report highlighting any issues — for example:

• Similar existing marks
• Incomplete descriptions
• Improper class choices
• Eligibility concerns

You have two months to respond, otherwise your application may be deemed abandoned.

Details on examination timelines can be found on the IPO trademark examination process page.

8. Ignoring the Publication and Opposition Period

Once accepted, your application is published in the UK Trade Marks Journal for two months.

This allows others to oppose your registration if they believe it infringes their rights.

Many applicants assume publication means approval, but that’s not the case. If someone files an opposition, you’ll need to defend it or risk losing your mark.

The opposition process can involve mediation, negotiation, or formal hearings before an IPO tribunal.

9. Forgetting to Renew Your Trademark

Trademark protection in the UK lasts 10 years from the date of registration and can be renewed indefinitely.

But forgetting to renew on time can mean losing your rights entirely.

You can renew up to six months before expiry or within six months after (for an additional late fee). Renew online via the IPO renewal portal.

10. Neglecting International Protection

A UK registration only protects you within the UK. If you plan to trade in Europe, the Middle East, or elsewhere, you’ll need international coverage. You can expand protection via the Madrid Protocol, managed by the World Intellectual Property Organization (WIPO).

Alternatively, you can apply directly to other jurisdictions, such as the EUIPO for European trademarks or DIFC Wills and IP Registry in Dubai for UAE protection.

11. Not Monitoring or Enforcing Your Trademark

Once you’ve registered your mark, it’s up to you to monitor and enforce your rights. The IPO doesn’t police misuse or infringement automatically.

Regularly check:

• New IPO publications for similar marks
• Online marketplaces and social media
• Domain name registrations

You can use the IPO trademark watch service or appoint a legal professional to monitor and take action when necessary.

If someone uses your mark without consent, you can take enforcement action under the Trade Marks Act 1994, including cease-and-desist letters, civil claims, or border seizures with the UK Border Force.

12. Using the Wrong Trademark Symbol

Many businesses use the ® symbol incorrectly, before their trademark is actually registered.

In the UK, it’s a criminal offence under the Trade Marks Act 1994, Section 95 to use ® without registration.

Until your mark is approved, you should use the ™ symbol instead. Once registered, you may switch to ® to show your trademark is legally protected.

Quick rule:

• “™” = You’re claiming a mark, but it’s not registered yet.
• “®” = Officially registered and protected by UK law.

13. Not Seeking Legal Guidance When Needed

While it’s possible to file a trademark application yourself, the process can be complex — especially if you face objections, oppositions, or international filings.

Mistakes made early on can cost far more to fix later. A qualified lawyer experienced in intellectual property can help you:

• Identify risks before applying
• Select the correct classes
• Manage oppositions or amendments
• Protect your rights post-registration

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How MAR Legal’s Legal Team Can Help

At MAR Legal, we provide clear, fixed-fee legal services to help you register, maintain, and defend your trademarks — ensuring full compliance with UK IPO requirements.

We also assist with international trademark registration through the Madrid Protocol for businesses expanding abroad.

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Related Reading

If you’re just getting started, we recommend reading our foundational guide: How to Register a Trademark in the UK: Step-by-Step Guide

You may also find these pages useful:

• Register a Company in the UK – Expert Legal Services
• Document Certification and ID Verification

Filing a trademark application in the UK might seem straightforward, but even minor missteps can jeopardise your brand’s protection.

By avoiding the common mistakes outlined above, and ensuring your application is complete, distinctive, and compliant, you’ll save time, money, and stress in the long run. At MAR Legal, we help individuals and businesses secure their trademarks efficiently and affordably, ensuring your brand is protected today and for years to come.