Trademark Filing Advice: When to Register Your Brand

Got a catchy name for your product or service? Great. The next question is: when should you lock it down with a trademark? The short answer is – as soon as you know it’s yours. Waiting until you’re big can leave your brand open to copycats, and a late filing often costs more in legal headaches.

Why timing matters for your trademark

Imagine you launch a new sneaker line called "FlashStride" and start selling online. Within weeks, a rival spots the name, files a trademark, and suddenly you’re facing an infringement claim. That scenario isn’t rare; courts treat the first to file as the owner in many cases. By filing early, you get a legal shield that builds trust with customers right from the start.

Early registration also sends a clear signal to the market: you own the name, and you mean business. It can boost credibility, help you secure domain names, and make it easier to license or sell the brand later. In short, a trademark is a piece of your company’s foundation – you want it in place before the building gets taller.

Steps to take before you file

1. Check availability. Run a search on the UK Intellectual Property Office (UKIPO) database and do a quick Google check. Make sure no one else is using a similar name in the same industry.

2. Define what you’re protecting. Decide if you need a word mark (just the text) or a logo mark (design). You can file for both, but each costs extra.

3. Gather proof of use. Even though you’re filing early, you’ll need to show the mark is being used in commerce. Keep screenshots, invoices, or marketing material handy.

4. Prepare a solid description. Be clear about the goods or services your mark covers. Over‑broad descriptions can be rejected, while too‑narrow ones leave gaps.

5. File online. The UKIPO’s online portal is easy to navigate. Fill out the form, upload your logo if needed, and pay the fee. You’ll get a filing date, which is the key date that protects you.

6. Watch the timeline. After filing, the office will publish your application for opposition. If nobody challenges it within the set period, your trademark will be registered, usually within a few months.

Remember, the cost of filing a trademark is a fraction of the price you’d pay defending a brand that’s been stolen. Most small businesses spend around £200–£300 for a single class, and that small investment can save thousands down the line.

So, if you’ve just settled on a name that feels right, don’t wait for the hype to build. Grab that trademark now, lock down your brand, and focus on growing your business with peace of mind.

When is the right time to file for a trademark?

Filing for a trademark is a crucial step for any business, and timing is everything. You should consider filing as soon as you have a unique product or service name that sets you apart from competitors. Don't wait until you're well-established, as this can expose you to risks like someone else registering your name first. Also, a registered trademark can help build customer trust from the early stages of your business. So, in my view, the right time to file for a trademark is at the inception of your unique business idea or name.