Registering a trade mark is a significant step for any business seeking to protect its brand identity. In the United Kingdom, applicants have the option of filing a standard application or choosing a Right Start Trademark Application. For many businesses, particularly start-ups and small enterprises, the Right Start route offers a practical and flexible way to begin the registration process while managing initial costs.
This article explains what a Right Start Trademark Application is, how it works, who it is suitable for, and the advantages and limitations associated with it. The aim is to provide clear, user-focused guidance to help business owners and entrepreneurs make informed decisions about protecting their intellectual property.
What Is a Right Start Trademark Application
A Right Start Trademark Application is a specific filing option offered by the UK Intellectual Property Office (UKIPO). It allows applicants to pay an initial portion of the official application fee and defer the remaining balance until after receiving an examination report.
In practical terms, this means you can submit your trade mark application, have it examined by the UKIPO, and review the feedback before committing to the full registration fee. If the application encounters significant issues, you can decide whether to proceed and pay the second instalment.
This staged payment approach can be especially helpful for applicants who want to test the viability of their proposed mark before investing the full amount upfront.
Why Trade Mark Registration Matters
Before exploring the Right Start option in depth, it is important to understand why trade mark registration is so valuable.
A registered trade mark gives its owner:
- Exclusive rights to use the mark in connection with specific goods or services
- Legal protection against unauthorised use by competitors
- The ability to take enforcement action in case of infringement
- A valuable business asset that can be licensed or sold
Without registration, businesses may rely on unregistered rights, such as passing off, which can be more complex and costly to enforce. Formal registration provides clarity, certainty, and stronger legal standing.
How the Right Start Trademark Application Works
The process for a Right Start Trademark Application is similar to a standard UK trade mark application, but with one key difference: payment is split into two stages.
Step 1: Filing the Application
The applicant submits:
- The trade mark (word, logo, slogan, or combination)
- The list of goods and/or services it will cover
- The initial portion of the official filing fee
The trade mark must be clearly defined and correctly classified under the appropriate Nice Classification classes.
Step 2: Examination by the UKIPO
Once filed, the UKIPO examines the application. This examination checks:
- Whether the mark meets legal requirements
- Whether it is distinctive enough to function as a trade mark
- Whether there are earlier conflicting marks on the register
The examiner then issues an examination report outlining any objections or concerns.
Step 3: Decision to Proceed
After receiving the examination report, the applicant has a set period to decide whether to continue. If the report raises no significant issues, the applicant can proceed by paying the remaining balance of the fee.
If there are serious objections, the applicant may choose not to proceed and avoid paying the second instalment.
Step 4: Publication and Opposition
If the application moves forward, it is published in the Trade Marks Journal. Third parties have an opportunity to oppose the registration if they believe it conflicts with their rights.
If no opposition is filed (or if any opposition is resolved), the trade mark proceeds to registration.
Who Should Consider a Right Start Trademark Application
The Right Start Trademark Application is particularly suitable for:
Start-ups and Small Businesses
New businesses often operate with limited budgets. Splitting the fee allows them to begin the protection process without committing the full amount immediately.
Entrepreneurs Testing a Brand Concept
If a brand is still relatively new or being tested in the market, the Right Start option offers flexibility. Applicants can assess the examination outcome before investing further.
Businesses Unsure About Registrability
If there is uncertainty about whether a mark will face objections, this route provides an opportunity to review the UKIPO’s initial feedback before proceeding.
Advantages of the Right Start Trademark Application
Understanding the benefits can help determine whether this route is appropriate.
Reduced Upfront Cost
The most obvious advantage is the lower initial payment. This can make trade mark protection more accessible to smaller businesses.
Early Insight into Potential Issues
The examination report highlights problems such as:
- Lack of distinctiveness
- Descriptive or generic wording
- Conflicts with earlier registered marks
Receiving this feedback before paying the full fee enables more informed decision-making.
Greater Financial Control
If the report reveals substantial problems that cannot easily be resolved, the applicant can discontinue the process without paying the second instalment.
Potential Limitations to Consider
While beneficial, the Right Start Trademark Application is not without drawbacks.
Total Cost Is the Same
If you proceed to full registration, the overall fee is the same as a standard application. The difference lies only in the timing of payment.
Limited Time to Decide
Applicants must decide within a set period whether to continue and pay the balance. Failure to do so will result in the application being treated as withdrawn.
Not a Substitute for Professional Advice
Although the staged payment offers flexibility, it does not replace the value of conducting thorough trade mark searches or obtaining professional advice before filing.
Common Grounds for Refusal in Trade Mark Applications
When using a Right Start Trademark Application, it is useful to understand the most common reasons applications encounter objections.
Descriptive Marks
Marks that directly describe the goods or services are often refused. For example, using “Fresh Bread” for a bakery would likely face objections.
Lack of Distinctiveness
A trade mark must distinguish your goods or services from those of others. Generic or commonly used phrases may not qualify.
Conflicts with Earlier Marks
If an earlier identical or similar trade mark is registered for related goods or services, your application may face objections or opposition.
Conducting a pre-application search can significantly reduce these risks.
Practical Tips Before Filing
Whether using the Right Start route or a standard application, careful preparation is essential.
Choose a Distinctive Mark
Invented words, unique combinations, or distinctive logos are more likely to succeed.
Define Goods and Services Clearly
Selecting the correct classes under the Nice Classification system is critical. Overly broad or incorrect specifications can create complications.
Conduct a Trade Mark Search
Searching the UK register and relevant databases helps identify potential conflicts early.
Consider Future Expansion
Think strategically about how your business may grow. Registering in relevant classes now can prevent the need for additional filings later.
What Happens After Registration
Once registered, a UK trade mark is valid for ten years from the filing date. It can be renewed indefinitely in ten-year periods.
Owners must:
- Use the trade mark genuinely in commerce
- Monitor the market for potential infringement
- Renew the registration on time
Failure to use the mark for a continuous period of five years may make it vulnerable to cancellation.
Comparing Right Start and Standard Applications
Understanding the difference between the two options helps clarify the decision.
| Feature | Right Start Trademark Application | Standard Application |
| Upfront Fee | Partial payment | Full payment |
| Examination | Yes | Yes |
| Option to Withdraw Before Full Payment | Yes | No |
| Total Cost if Registered | Same | Same |
For applicants confident in their mark’s strength, a standard application may be suitable. For those seeking financial flexibility and early feedback, the Right Start option may be preferable.
Frequently Asked Questions
Does the Right Start option make approval more likely?
No. The examination criteria are exactly the same as for standard applications. The option only affects how fees are paid.
Can objections be resolved?
Yes. Applicants may respond to objections by submitting arguments or amendments. In some cases, modifying the specification of goods or services can overcome issues.
Is the application automatically registered after examination?
No. After examination and payment of the balance, the mark must still pass through the publication and opposition stage.
Final Thoughts
A Right Start Trademark Application provides a practical and flexible way to begin protecting your brand in the UK. By splitting the official fee into two stages, it allows applicants to receive examination feedback before committing to the full cost.
However, this option should not replace careful preparation. Selecting a distinctive mark, conducting searches, and understanding classification requirements remain essential steps. The Right Start route simply offers greater financial control and early insight into potential obstacles.
For many small businesses and entrepreneurs, this approach strikes a sensible balance between cost management and proactive brand protection. By understanding how the process works and preparing thoroughly, applicants can increase their chances of securing valuable trade mark rights while making informed financial decisions.
