How to Register a Trademark

A trademark is a legal designation that is intended to provide protections for distinctive elements of a brand. These can include names, logos, and even slogans, in some circumstances. A trademark must be registered in order to be enforceable, and this involves a process that, once complete, is used to secure a company with the exclusive rights to use and monetize the registered intellectual property (IP).

Trademark registration is something that companies across the world pursue to mitigate confusion among customers and avoid their brand value from becoming diluted in the marketplace. For entrepreneurs with ambitions for establishing their businesses on the international stage, putting these protections in place is essential. 

Therefore, we’ve created this guide to outline the global steps to register a trademark, rather than being limited to a single country or region. While the process can vary depending on the jurisdiction, the structure tends to be relatively consistent internationally.

What Is a Trademark?

While trademarks are likely to be a familiar part of the business landscape, not everybody is entirely clear exactly what they represent. Simply put, a trademark is a legally recognized symbol, word, phrase, or design that distinguishes an entity or the goods it provides from those of others in the marketplace. 

Not everything about a business or a product can be trademarked, but many aspects can on the condition that they represent unique identifiers. As a result, many of the common elements to be trademarked are primarily visual in nature. These include business names, brand logos, unique company or product slogans, advertising taglines, and product packaging. In some instances, even distinctive sounds or colors that can be clearly and uniquely tied to the brand can be subject to trademarks. Importantly, though, the trademark itself has to be applied to a distinctive element, rather than being simply descriptive of the goods or services it represents.

One of the key areas of confusion when it comes to trademarks is their differentiation from other forms of IP registration, such as copyrights and patents. Copyright is intended to protect original works of authorship, such as books, music, online content, and artwork. In this instance, each individual work is separately copyrighted, and—unlike trademarks—automatically has some copyright protections upon creation without requiring official registration. Patents, too, are focused on individual works, in this instance usually inventions or processes. Trademarks are specifically intended to protect brand or product-related identifiers used in commerce.

When and Why You Should Register a Trademark

While the process to register a trademark can be quite complex, there can be significant consequences for failing to do so. Without official and legally verifiable registration, brands can be vulnerable to a range of legal vulnerabilities. For instance, there’s the risk of another party using a similar mark or registering it first in a specific jurisdiction. Companies can find it difficult to dispute infringements and they may struggle to assert ownership rights in a legal setting. There can also be reputational damage if another party illegitimately uses unregistered brand identifiers for unethical purposes.

The timing of registering trademarks is important, too. Just as when asking “How long does it take to get an LLC?” businesses should understand that processes can be varied and lengthy. Ideally, companies should begin the registration process before they go public with a product, service, or new brand identifier. This early registration gives companies the best chance of asserting exclusive rights to identifiers before they could be infringed or exploited by others. 

Business leaders should also understand that there are significant long-term benefits from taking the time to correctly register trademarks. Beyond being able to legally enforce ownership rights against unauthorized usage, it opens opportunities for clear licensing and franchising. These trademarks also enable consistency of application that boosts the overall brand value; reassuring customers and investors alike that the company takes its position in the marketplace and its reputation among stakeholders seriously.

Steps to Register a Trademark

While processes can vary slightly between jurisdictions, the general global overview of the process to register a trademark includes:

• Trademark search – It is essential to conduct searches of relevant trademark databases to confirm that the elements a brand wishes to trademark are not already in use. Thorough research mitigates the costs and administrative burdens related to rejection.
• Class selection – The International (Nice) Classification of Goods and Services is used to categorize trademarks. Companies need to identify the most appropriate class or classes related to the nature of their goods or services.
• Application preparation – Brands should carefully prepare a range of elements to support their application. Alongside the applicant’s legal information, this is likely to include a clear representation of the mark (e.g., the logo or word), a description of the goods or services, and potentially a specimen that demonstrates the mark in use.
• Application filing – The completed application pack will be submitted to the relevant jurisdictional authority, such as the United States Patent and Trademark Office (USPTO) or the European Union Intellectual Property Office (EUIPO). Business experts, including those offering business formation consulting, can usually help with this.
• Respond to feedback – The authority will examine the application, and may return to the applicant with concerns about validity or requests for more information. Applicants should respond to this as soon as possible.
• Waiting period – The mark will usually be published in an official journal, which allows third parties to raise any objections they have regarding potential infringement or validity issues. If no objections are filed during this public opposition period, the application continues.
• Certificate receipt – The trademark is approved and the applicant receives a certificate confirming registration. This grants them the right to use the ® symbol with the mark.

Country-Specific Considerations for Trademark Registration

Overall registration processes tend to be consistent, but each country has distinct regulatory frameworks and nuances.

• United States – Governed by the USPTO, applicants need to demonstrate actual use of the trademark in commerce or intent to use it.
• European Union – A single application to the EUIPO grants trademark protections across all EU member states, but is subject to rigorous examination.
• United Kingdom – As the U.K. is no longer an EU member, applications must be filed with the U.K. Intellectual Property Office (UKIPO). The process takes between four and six months.
• United Arab Emirates – The UAE requires Arabic translations of trademark elements, with registration processes including publication in two local newspapers.
• Singapore – Singapore’s Intellectual Property Office (IPOS) provides access to expedited trademark examination, alongside clear procedures for the growing number of international applicants.

Understanding local legal nuances is essential for navigating global trademarks effectively. Seeking guidance from experienced consulting services is always advisable.

Maintaining and Enforcing Your Trademark

Simply registering trademarks is not enough. Brands must actively maintain and enforce them to retain validity.

Firstly, most jurisdictions will require periodic renewals. This is usually performed every 10 years, and companies should avoid missing deadlines to minimize potential lapses. If considering whether to change sole proprietorship to LLC, owners should understand reregistration of trademarks is usually involved, too.

Additionally, trademark owners are obligated to monitor marketplaces, domain registries, and competitor activity to identify any unauthorised use or infringement. If such violations are detected, companies are required to enforce their trademarks through recognized legal avenues. These include cease-and-desist letters, lawsuits in civil courts, or administrative proceedings. 

Finally, owners must consistently use their trademarked elements in commercial settings. Any alterations or lack of use over a long period of time may lead to loss of rights or the validity of the trademark being challenged by competitors. This isn’t just a legal imperative, but an essential component of effective brand identity management.

FAQs

How to make a registered trademark symbol?

The ® symbol can be used once registration is complete. Until then, businesses can use the ™ symbol to indicate that a word or logo is being claimed as a trademark.

Can I register a trademark internationally?

The Madrid Protocol allows trademark owners to file one application covering over 100 countries. However, usage must comply with the local laws in each jurisdiction.

How long does it take to register a trademark?

It can vary depending on complexity and jurisdiction, but the general time scale is six to 18 months.

What if someone else is already using the name I want to trademark?

If another party already owns the trademark, the application is likely to be rejected. In these instances, you may be able to negotiate a coexistence agreement, or challenge the usage in court.

Is a trademark valid forever?

Not necessarily. Trademarks must be renewed at regular intervals and used consistently in accordance with regulations in order to remain valid.

References

WIPO. (2025). Nice Classification. WIPO. https://www.wipo.int/en/web/classification-nice 

European Commission. (2021, April 15). How to Conduct a Trade Mark Search. European Commission. https://intellectual-property-helpdesk.ec.europa.eu/publications/how-conduct-trade-mark-search_en