Please note: This content is provided for general information purposes only and does not constitute legal advice. For specific legal guidance, always seek independent legal advice. 

1. What protections exist for small businesses in the UK 

While some protections (like copyright, unregistered designs & unregistered trade marks) can automatically arise to protect your original work, registering a design or trade mark gives you stronger, formal rights that are easier to enforce if someone copies you. Patents are another option if you’ve invented something new and innovative, such as a unique product or process - they protect how something works, rather than just how it looks.

Registering a design in the UK: If you’ve created something with a unique appearance, for example, a distinctive pattern, shape or packaging, you can apply to register the design with the UK Intellectual Property Office (IPO). Registration lasts up to 25 years (renewed every 5 years) and can help you prevent others from making, using, selling or importing your design without permission. You’ll need to supply images of the design and pay a fee when submitting your application online.

Registering a trade mark in the UK: If it’s your brand identity you want to protect, for example your business name, logo or even a distinctive slogan, applying for a trade mark could be the right step. A trade mark is also filed with the IPO and, once registered, gives you exclusive rights to use that mark for the goods or services you’ve listed. This protection can last indefinitely, as long as you use it and renew it every 10 years.

Registering a patent in the UK: If you’ve invented something completely new and inventive, such as a product, tool or process, you can apply for a patent with the IPO. Patent applications are more complex than designs or trade marks, and require detailed descriptions and legal statements to prove how the invention works. They can be costly and time-consuming to secure but once granted, patents can give you exclusive rights for up to 20 years, provided renewal fees are paid.

Where to start

• Check the IPO’s website to see what protection best suits your product or brand

• Carry out a search before applying, to make sure your design or trade mark hasn’t already been registered

• Consider seeking advice from the IPO, an intellectual property solicitor or attorney if you’re unsure which route is best

• Registering your design or trade mark or patent won’t prevent all cases of copying, but it does give you stronger legal footing if you need to challenge misuse later

2. How to apply to register your design and/or trade mark in the UK

How to apply to register your design and/or trade mark: After working so hard on your designs, registering for a trade mark adds an extra layer of protection against other businesses who want to steal your work and pass it off as their own. That's where design and trade mark registration come in; they can act as your official 'hands off' notice to warn off other businesses from pinching your work.

https://www.gov.uk/register-a-design

What's the difference between a design and a trade mark?: Both can be important to protect different facets of your business, but it’s important to distinguish so you have the right protection. A trade mark is all about what makes your business you. For example, your company name, that memorable logo, or even your catchy slogan. It's how customers recognise your brand from others. 

Top tip: Your trade mark can last forever, as long as you keep using it and renew it every 10 years!

On the other hand, a design is all about how your product looks. The funky shape of your latest mug design, or the cool print on your Christmas jumpers; these are all your unique designs, and it’s important to protect! 

Top tip: Registered designs must be renewed every 5 years! 

Everything you need to know about registering your trade mark in the UK

Step 1: The first process is to do a bit of research to make sure your branding isn’t too generic. The more unique, the higher chance you have of succeeding in your trade mark application. 

Your research will also help you check that your trade mark hasn’t already been taken; a crucial step in the process. The UK Intellectual Property Office (IPO) website offers a free search tool which is really useful and can save a load of heartache (and cash!) later on. Imagine pouring money into branding only to find out someone else got there first, not ideal!

Step 2: Once you're confident your brand is good to go, it's application time! Online is generally quicker and cheaper than a postal application. You’ll be asked to choose your classes, which sounds fancy, but all it means is that you need to tell the IPO what your trade mark covers. Are you selling clothes (Class 25)? Coffee (Class 30)? Marketing services (Class 35)? The IPO's classification system will help you pick, and you can choose multiple classes. 

Top tip: Costs differ the more classes you choose, so make sure you consider carefully and choose the correct option(s). 

If you're a bit unsure, the "Right Start" application might be helpful. You’ll pay a small amount upfront, and then the IPO will give you initial feedback, and you can decide if you want to pay the rest and proceed, almost like a trial run!

Step 3: The waiting period begins (but not for too long). The IPO will examine your application, and if all looks good, they'll pop it into the Trade Marks Journal for two months. This gives other brands the opportunity to object to your trade mark if they think it’s too similar to their own. 

Don’t let this stress you out! Most of the time, it's smooth sailing, and if no one objects, your trade mark will be officially registered in the UK. This whole process usually takes 3-4 months.

What will it cost me?

• Online Standard: £170 for one class, then £50 for each extra class

• Right Start: £100 for one class initially (plus £25 per extra class), then another £100 (plus £25 per extra class) if you proceed

Top tip: Registering online is your best bet for cost-efficiency!

Everything you need to know about registering your designs

Got a product that's a feast for the eyes? Here’s how to register your unique designs. 

Step 1: There are a few criteria your design must meet to gain registered protection. Firstly, it must be brand new; it can’t be identical to anything already out there.

Top tip: You can defer your design for up to 12-months from the first time you show your design to the IPO but it won’t be protected. 

Next, does your design stand out? Does it give a different "overall impression" compared to existing designs? If it has that uniqueness factor, then you're likely on the right track.

Finally, consider the IPO's design search tool to check if anything similar already exists.  You can also pay the IPO £24 to undertake a comprehensive check for you.

Step 2: Time to prepare the images for your application, arguably one of the most important parts. You'll need clear, detailed pictures or drawings of your design from various angles (up to 12 images is perfect). The clearer, the better! You'll also need to add a brief description of what your design is, which parts you want to register and which parts you don’t.  You can find further info here.

Step 3: Time to apply for your design. This process is usually quicker than trade marks. The IPO will check the formalities, and if everything's in order, your design will be registered and published in the designs journal. As confirmation, you'll receive a certificate, and you're good to go.

What Will It Cost Me?

Online Application:

• £50 for one design.

• £70 for up to 10 designs 

• £90 for up to 20 designs.

Top tip: If you have several designs for similar products, applying for them together in a single application could help you save money!

Your designs are worth protecting

Registering your trade mark or design isn't just about avoiding headaches; it's about safeguarding your hard work, building a strong brand, and having the legal muscle to stop others from copying your unique innovations. It's also an investment in your business's future!

If things start to feel complex, try calling the IPO for support. An IP solicitor or IP attorney is also a good port of call to offer tailored advice and they can guide you through the whole process. 

3. What can you do if your design has been ripped off? 

One of the worst feelings as a small business owner is to see your design ripped off by another company. It’s important to stay calm (as hard as that sounds) and don’t make any rash decisions, such as posting something accusatory on social media. 

Step 1: Gather all the evidence you can to support your case; try to document everything, no matter how irrelevant it may seem. Take screenshots of the infringing product on the other business's website or social media, and be sure to note the date and time. If possible, purchase the product and keep the packaging, receipts, and any marketing materials, as this can provide a clear, physical comparison. 

When it comes to your product, pull together all the evidence you can find of your original design. If you have an IPO registration be sure to include that, as well as early design sketches, CAD files, dated emails, and a record of when and where you first sold or showed the product publicly.

Step 2: Consider sending a polite but firm letter or email to the other business. They might genuinely be unaware they've committed an infringement. This is a chance for a quick, amicable resolution without getting lawyers involved.

In your letter, consider:

• Identifying yourself as the owner of the registered trade mark or design 

• Stating the registration number of your trade mark or design

• Clearly explaining how you believe they are  infringing on your registered trade mark or design rights

• Requesting that they stop using your registered trade mark or design

• Setting a reasonable deadline for them to respond (e.g. 14 to 28 days)

Top tips: Make sure you can justify these claims as groundless claims can give the other business a claim against you. Try to keep this as professional as you can, and avoid accusatory or emotional language. The goal is to get them to comply, not to start a fight.

Step 3: If the initial contact is ignored or rejected, consider getting more formal. A cease and desist letter is a powerful document, often drafted and sent by an intellectual property solicitor. While you can write it yourself, having it come from a lawyer or IP attorney adds more weight.

The letter might formally outline your registered trade mark or design rights, the believed infringement, and the legal consequences of infringement. It may also demand that they sign undertakings to stop using your registered trade mark or design (and sometimes even compensation for damages caused to your business). This can motivate the other party to take your claim seriously and resolve the matter.

Step 4: . If you’re still getting nowhere, consider mediation.  The IPO offers a mediation service, which can be a way to resolve the dispute faster and more affordably than going to court.

Mediation: A neutral, third-party mediator helps both businesses talk through the issues and find a solution that works for everyone. This could be a licensing agreement where the other business pays you to use your design, or an agreement for them to stop selling the product within a certain timeframe.

Step 5: If all else fails and the other party continues to infringe on your IP rights, you may have to consider pursuing formal legal action. A court can grant an injunction to stop the infringement and order the infringer to pay you damages.

This is a serious step and should always be done under the advice of a legal professional. While it can be a costly and time-consuming process, it may protect your business's future and send a clear message.

Always avoid rash decisions 

The key takeaway is to be proactive but methodical.. Having a registered trade mark or design is your biggest advantage, as it makes your case much easier to prove.








This content is provided for general information purposes only and does not constitute legal advice. For specific legal guidance, always seek independent legal advice.