Nobody will bother to imitate a little-known trade mark but once your trade mark begins to become recognised in the market place it becomes a possible target for unscrupulous people wishing to cash in on the reputation you have worked so hard to create. Registration of your trade mark won’t unfortunately stop others from trying to cash in on your good name, but, it will make it easier for you to take action against them if they do.

Having chosen a trade mark you would be well advised to obtain professional advice (see 'What is a trade mark attorney?'). Your attorney will take all the steps necessary to get your mark registered - always assuming, of course, that it is capable of registration.

If you are seeking protection for your mark in the UK only, then an application should be filed at the UK Patent Office. (If you plan to trade internationally you have other options – see 'Where do I register?'). This application should set out both the mark and the associated goods or services for which registration is sought and should be accompanied by the appropriate fee. An examination of the application will then be carried out  by the Trade Marks Registry to determine whether or not it meets all the requirements of the law. Among the issues considered by the UK Patent Office are whether or not the mark is distinctive and whether or not it is similar to another mark registered by another enterprise for the same or similar goods or services. In other countries procedures may vary.

You can apply to register your trade mark either before you start to use it or afterwards. As a general rule, it is a good idea to apply as soon as possible, to make sure no-one else applies to register the same or a similar mark before you do. However, there may be times when you want to wait until you know whether your product or service is profitable before you incur the expense of registration. Further, it may be that your mark is relatively difficult to register and it may be an advantage to wait until it has a widespread reputation before you apply.

In the UK, it may take one or two months before the Trade Marks Registry (a branch of the Patent Office) examines an application but it is not unknown for the first official comment to arrive within ten days of filing an application! The UK Registry is one of the fastest in the world. If there are objections, it may take several months to sort them out. Typically, a mark is registered in five to nine months of filing but the process may take longer - particularly if there are oppositions.

The goods or services in your application are classified according to an International Classification and the cost of a UK application varies according to the number of classes the required goods and services fall in.

For a single class application, including the Government fee, a registered trade mark attorney will probably charge you between £450 and £750 (+VAT) to prepare and file an application, depending on how straightforward it is.

Costs after filing can vary from a few to several hundred pounds and will be higher if there are oppositions. Your attorney can also advise you on the costs and special requirements of protecting your mark outside the UK.

Providing the application meets all the legal requirements the trade mark will be registered and the protection granted will last for an initial period of ten years.

The protection can be extended for further periods of ten years upon payment of the appropriate fee. So, a trade mark can last indefinitely. As an example of this, the famous Bass Red Triangle label trade mark was the first one ever registered in the United Kingdom well over 100 years ago and it is still in force. It is worth noting, however, that non-use of a trade mark within five consecutive years is a ground for cancelling a registered trade mark unless the owner has a proper reason for non-use.