What Can You Trademark in the UK?

Many business owners are surprised by the wide range of things that can be trademarked. Beyond just your business name and logo, UK trademark law protects various elements that make your brand unique. Understanding what you can trademark helps ensure comprehensive protection for your intellectual property.

What Can Be Trademarked?

Business and Product Names

Names are the most commonly trademarked element. This includes your business name, product names, service names, and brand names. The name must be distinctive and not purely descriptive of what you sell. For example, "Apple" for computers is distinctive, but "Computer Sales" would be too descriptive.

Logos and Device Marks

Logos, symbols, designs, and stylised text can all be trademarked. This includes both graphical logos and word marks presented in a distinctive font or style. Many businesses register both their name (word mark) and logo (device mark) separately for maximum protection.

Slogans and Taglines

Catchy slogans and taglines can be trademarked if they are distinctive. Famous examples include "Just Do It" and "I'm Lovin' It". Your slogan must be more than just a descriptive statement about your products.

Shapes and Packaging

The shape of your product or its packaging can be trademarked if it is distinctive. The Coca-Cola bottle shape is a famous example. This type of trademark is harder to obtain but provides strong protection against copycats.

Colours and Colour Combinations

Single colours and colour combinations can be trademarked, but this is challenging. You must prove that the public associates that specific colour with your brand. Cadbury's purple and Tiffany blue are well-known examples.

Sounds and Jingles

Distinctive sounds, jingles, and audio signatures can be trademarked. This includes musical notes, spoken words, and even mechanical sounds. The sound must be represented in musical notation or a clear description.

Smells

Although rare, smells can technically be trademarked in the UK. You must provide a chemical formula or detailed description of the smell. Very few smell trademarks have been successfully registered.

Moving Images and Holograms

Moving logos, animations, and holograms can be trademarked. You must provide a video file or sequence of images showing the movement.

What Cannot Be Trademarked?

• Purely descriptive terms: "Fresh Bread" for a bakery cannot be trademarked
• Deceptive marks: Anything that misleads consumers about the nature of your goods
• Offensive or immoral marks: Anything against public policy or morality
• Flags and emblems: National flags, coats of arms, and official symbols
• Common surnames: On their own, without distinctive elements
• Generic terms: Words that are the common name for your product

Distinctiveness: The Key Requirement

The most important requirement for trademark registration is distinctiveness. Your mark must be capable of distinguishing your goods or services from those of other traders. Marks are classified into five categories of distinctiveness:

• Fanciful/Arbitrary: Invented words (Kodak, Xerox) - strongest protection
• Arbitrary: Real words used in unrelated contexts (Apple for computers)
• Suggestive: Hints at qualities without describing them (Netflix)
• Descriptive: Describes the goods (requires evidence of distinctiveness)
• Generic: Common name for the product (cannot be trademarked)

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