Intellectual Property for Small Businesses — UK Guide 2026
Your brand name, logo, product design, and original content are all assets — and in the UK, the law gives you a range of tools to protect them. This guide explains the main types of intellectual property (IP) protection available to small businesses, what each one costs, and which to prioritise first.
What is Intellectual Property?
Intellectual property refers to creations of the mind — inventions, literary and artistic works, designs, symbols, names, and images used in commerce. UK law provides several distinct rights, each covering a different type of creation. As a small business owner, you will most commonly encounter:
- Trade marks — protect brand names, logos, and slogans
- Copyright — protects original written, artistic, musical, and software works
- Patents — protect new inventions and technical processes
- Registered designs — protect the visual appearance of a product
- Trade secrets / confidential information — protect commercially sensitive know-how
The Intellectual Property Office (UK IPO) is the official government body that handles trade mark, patent, and design registrations in the UK. Their website is gov.uk/ipo.
Trade Marks
A registered trade mark gives you the exclusive right to use a name, logo, or slogan for specific goods or services in the UK. It is the single most important IP step for most small businesses because your brand is often your most visible asset.
How to register a UK trade mark
- Search the UK IPO trade marks register to check your mark is available.
- Choose the correct Nice Classification class(es) for your goods or services — there are 45 classes in total.
- File your application online via the UK IPO.
- The IPO examines your application (usually within 2 months) and, if accepted, publishes it for opposition.
- If no objections are raised within 2 months of publication, the mark is registered and you receive a certificate.
Trade mark costs (2026)
| Application type | Fee |
|---|---|
| Online application — 1 class | £170 |
| Each additional class (online) | £50 |
| Paper application — 1 class | £200 |
| Renewal (every 10 years) | £200 per class (online) |
Once registered, a trade mark lasts for 10 years and can be renewed indefinitely. You can use the ® symbol only after registration. Before registration you may use ™ to signal your claim, but this carries no legal weight on its own.
Copyright
Copyright arises automatically in the UK the moment you create an original work — there is no registration system and no fee. It covers a wide range of works including:
- Written content — website copy, blogs, brochures, manuals
- Software and databases
- Photographs, illustrations, and graphic designs
- Music and sound recordings
- Films and video content
Copyright typically lasts for the life of the creator plus 70 years. For businesses, works created by employees in the course of their employment are owned by the employer. Works created by freelancers or contractors belong to the creator unless the contract explicitly assigns the copyright to you — always include a copyright assignment clause when commissioning creative work.
Patents
A patent protects a new invention — a product or process that is novel, involves an inventive step, and is capable of industrial application. Patents are the most expensive and complex form of IP protection.
Key facts about UK patents
- Protection lasts up to 20 years from the filing date (subject to annual renewal fees after year 5).
- The UK IPO application fee starts at £60 (online), but the total cost including search, examination, and professional fees typically runs to £3,000–£10,000+.
- The application process usually takes 2–5 years.
- You must not publicly disclose your invention before filing — doing so destroys novelty and may invalidate the patent.
- Software, business methods, and mental processes are generally not patentable in the UK.
For most small businesses, patents are only worthwhile if the invention has significant commercial value and you have the budget to enforce the right. Consider speaking to a patent attorney (Chartered Patent Attorney) before filing.
Registered Designs
A registered design protects the visual appearance of a product — its shape, configuration, pattern, or ornamentation. It is ideal for product-based businesses where the look of the product is a key selling point.
| Feature | Registered Design | Unregistered Design |
|---|---|---|
| How obtained | Application to UK IPO | Automatic |
| Duration | Up to 25 years (renewed every 5 years) | 10 years from first sale (UK) |
| Protection against | Copying and independent creation | Copying only |
| Cost | From £50 per design (online) | Free |
Registering a design is relatively inexpensive and gives much stronger protection than relying on unregistered rights. If your product's appearance is central to your brand, registration is strongly recommended.
Trade Secrets and Confidential Information
Some business information is best protected by keeping it secret rather than registering it. Classic examples include customer lists, supplier pricing, proprietary recipes, and internal processes. Unlike registered IP, trade secrets have no time limit — they remain protected for as long as the information stays confidential.
How to protect trade secrets
- Non-disclosure agreements (NDAs) — use these with employees, contractors, potential investors, and suppliers before sharing sensitive information.
- Employment contracts — include confidentiality clauses and consider post-termination restrictions for senior staff.
- Access controls — limit who can see sensitive data and use password protection, encryption, and audit logs.
- Staff training — make sure employees understand what is confidential and what they must not share.
The UK Trade Secrets (Enforcement, etc.) Regulations 2018 provide a legal framework for protecting trade secrets, allowing businesses to seek injunctions and damages against those who unlawfully acquire, use, or disclose confidential information.
Protecting Your Company Name
Registering a company name at Companies House does not give you trade mark rights — these are entirely separate systems. A company name registration prevents others from incorporating a company with an identical or too-similar name, but it does not stop someone from trading under the same name as a sole trader or using it as a trade mark.
For full protection, you should:
- Register your company at Companies House (from £50 online).
- Register your brand name and/or logo as a trade mark with the UK IPO.
- Secure the relevant domain names (.co.uk, .com, and any sector-specific variants).
- Register your business name on key social media platforms to prevent squatting.
IP Protection Priority Checklist
Not sure where to start? Use this checklist to prioritise your IP protection:
| Action | Priority | Cost |
|---|---|---|
| Register your brand name / logo as a trade mark | High | From £170 |
| Secure your domain names | High | From £10/yr |
| Add copyright notices to your website and materials | Medium | Free |
| Use NDAs when sharing sensitive information | Medium | Free / low-cost template |
| Register a design if your product's appearance is key | Medium | From £50 |
| File a patent for a novel technical invention | Situational | £3,000–£10,000+ |
Getting your IP strategy right from the start can save significant legal costs later. If you are unsure which protections apply to your business, the UK IPO website has free resources, or you can consult a trade mark attorney or IP solicitor for tailored advice.