Trade marks are a form of intellectual property (“IP”) which are important to many businesses. Trade marks indicate the source of goods or services and are a key part of protecting and promoting the brand of a business. If managed strategically, trade marks can drive business value and help achieve business objectives such as growing market share, preventing unfair competition and increasing revenues.
In the UK the value of trade marks was recently demonstrated in the “Dryrobe” decision at the Intellectual Property Enterprise Court (“IPEC”) in December 2025. Because of the efforts Dryrobe Limited made in proactively promoting its brand and educating the public on how its trade marks represented a superior quality of product as part of its enforcement strategy, the IPEC found in Dryrobe Limited’s favour against a third party who was infringing its “Dryrobe” trade mark by using a similar mark (“D-robe”) on almost identical products. Without these considered enforcement and promotional efforts, there was a risk that Dryrobe Limited might not have prevailed in its infringement action and the “Dryrobe” trade mark may have been revoked or otherwise restricted in its scope.
What is a trade mark?
A trade mark is any sign which:
- distinguishes the goods or services of an entity; and
- can represent the subject matter being protected on the trade marks register.
This includes words, numerals, names, slogans, logos, shapes, colours and sounds. Famous examples include the Nike “swoosh” logo, the Gucci name, the Ferrari logo, the Coca Cola name and logos etc.
How is a trade mark registered?
To apply for registration in the UK, the UK Intellectual Property Office (“UKIPO”) requires applicants to fill out a form and specify the relevant classes in which they wish to register the trade mark. The application fee will be at least £170, and this may increase if registration in multiple classes is required.
If there are already any similar trade marks on the register, these may restrict an applicant’s ability to register its marks. The UKIPO will check to satisfy itself that marks in an application aren’t too similar to anything already on the register. The UKIPO also publishes details of applications in its journal, which gives third parties an opportunity to oppose these applications.
If there are no oppositions, it usually takes 3-4 months to register a trade mark. Trade mark registrations may be renewed every 10 years.
What about unregistered marks?
A business can also use unregistered marks in the UK where customers recognise the goodwill in those marks. Unregistered marks may be licensed or transferred in a similar way to registered trade marks, so they can also play a valuable role in the IP portfolio and brand strategy of a business.
Why are trade marks so important for a business?
Understanding the trade marks available to a business and how best to use them should be a key part of commercial strategy. The value of a brand often indicates the value of a business. Proactive management of IP portfolios, including trade marks, can help maximise business value by enhancing brand identity.
- Ideally a business will establish a portfolio of registered trade marks which provides protection of key products and services in its key territories.
- Licensing trade marks to third parties may help a business to grow, enter new markets (for example via a distribution relationship) or reach new audiences (for example by collaborating with a partner in a different sector).
- Branding guidelines help ensure that use of trade marks by business partners and/or staff is acceptable. Guidelines can also address uses of trade marks and branding in new media and formats such as domain names, social media and on GenAI platforms.
- A well-managed and maintained trade mark portfolio usually helps secure a better valuation for the purposes of investment or sale of a business unit or brand.
- If any trade marks are infringed by a third party offering similar goods or services under an identical or similar mark, a business has the option to protect its position through the courts or explore an alternative option such as an agreed settlement.
How 3CS can help
We can search publicly available IP registers to indicate whether there are existing marks which might overlap with planned applications for a UK trade mark or a Community Trade Mark (which would cover all countries in the EU). We can also file applications to register trade marks, diarise relevant dates and required documentation throughout the registration process and advise if there are any oppositions from third parties.
We are very experienced in commercial dealings with IP, so we can help license or transfer ownership in trade marks as well as report on risks and opportunities in relation to corporate transactions including M&A, divestment and financing.
We can also assist with dispute resolution for potential infringement of marks, whether that be negotiating a settlement agreement or escalating the dispute through court.
We can help develop or update brand guidelines and strategy. We can also provide training and workshops to upskill staff on IP including trade marks.
For advice or guidance on any IP or trade mark queries, please get in touch.
