Trade Marks
The silent value builder: how trade marks strengthen your business
June 16, 2025
When most business owners think about intellectual property (IP), the words “legal protection” usually come to mind. While trade marks do offer protection against copycats and marketplace confusion, their true potential goes far beyond that.
For growing UK businesses—especially those looking for investment, acquisition, or international expansion—trade marks are one of the most overlooked commercial assets.
They don’t sit in your warehouse. They’re not listed on Companies House. But make no mistake: a well-managed trade mark portfolio can boost your company valuation, attract investors, and create new revenue streams.
Let’s break down what that means in practice.
1. Your Trade Mark Is an Asset—Not Just a Legal Weapon
A UK trade mark is a recognised intangible asset. It can be:
- Sold
- Licensed to others for a fee
- Used as collateral
- Included in a company valuation
If you're preparing for investment or the sale of a business, one of the first things buyers or investors will examine is your IP portfolio. A strong trade mark—with registrations in the right classes and territories—can significantly increasethe commercial value of a business.
Registered trade marks are the most robust form of protection because they ensure your rights are clearly defined and provide you with a registration certificate confirming the same (i.e. what the mark is, who owns it, the relevant goods/services, when it was filed etc).
Unregistered trade mark rights arise automatically and accumulate as you generate goodwill and reputation in a brand, however, they are not clearly defined and can be very expensive to enforce.
Whilst both registered and unregistered rights both exist; registered protection is strongly advised.
2. Trade Marks Create Leverage in Business Deals
With a registered trade mark, you can:
- License your brand to partners, resellers, or franchisees (and collect royalties)
- Create sub-brands or product lines under your core “home” brand
- Negotiate stronger terms in distribution, retail, or white-label agreements
This is especially relevant for businesses exploring franchising, international distribution, or brand partnerships. A registered trade mark provides a strong foundation that allows you to let others use your brand on your terms.
3. Brand Value Can Be Monetised
Consider companies like BrewDog, Gymshark, or Fever-Tree. Their names carry commercial weight. Why? Because the brand itself has equity, often worth more than physical stock or property owned by a business.
Even in smaller businesses, a strong brand can:
- Justify premium pricing
- Build customer loyalty and reduce marketing spend
- Attract talent and partnerships
None of that is secure unless you have a registered trade mark protecting your brand. Worse still, if someone else registers your trade mark first—or challenges your use—you could lose it altogether.
4. Trade Marks Are Cheaper Than You Think (And Costly to Ignore)
Filing a UK trade mark (with us) typically costs around £650 per class—far less than the cost of a rebrand, infringement dispute, or lost market share.
Still, many businesses delay obtaining registered trade mark protection or only investigate it once it’s too late. The key is to get trade mark protection in place as early as possible. Ironically, a business is most vulnerable to copycats or legal disputes once they become successful. By then, the cost to fix any issues can run into tens of thousands—plus reputation damage, which can be irreparable.
It is recommended to conduct trade mark clearance searches at an early stage, before you invest significant resources in the brand, to identify potentially problematic third-party trade mark rights and help steer a path around any obstacles.
Also, unlike other registered IP rights, trade marks can exist in perpetuity, if they are renewed every 10 years. The longevity of trade marks can be extremely valuable.
5. What You Should Do Now
If you’re planning to:
- Raise investment
- Sell your business
- Franchise or license your good/service offering
- Expand internationally
...then a trade mark strategy needs to move up your agenda.
Here’s a simple roadmap:
✅ Audit your current trade marks – What marks are registered? In what countries are they registered? Do they cover the correct classes? Are there any gaps in protection?
✅ Register key brand assets – This includes your business name, product lines, logos, and potentially packaging and domain names.
✅ Think internationally – If you're trading or manufacturing overseas, explore international protection via the Madrid Protocol.
✅ Integrate trade marks into your commercial strategy – Think about and involve IP from the outset in brand development, sales and growth decisions.
Final Thoughts
Trade marks are more than a defensive shield—they’re a commercial asset with real value. Quiet, powerful, and often overlooked, they can be the difference between a business that’s just surviving and one that’s secure and thriving. Don’t let your most powerful silent asset go underutilised.