Can You Trade Mark Your Influencer Name?

Your name is your brand. For content creators / influencers, those few words on a profile can carry years of hard work, a loyal following, and real commercial value. So what happens if someone else starts using it? A trade mark is one of the strongest ways to protect what you’ve built, yet many creators don’t realise it’s an option until an trade mark dispute arises.

In this guide, I discuss whether you can trade mark your influencer name in the UK, how the process works, and what to watch out for along the way. At Freeman Harris, our intellectual property team helps creators protect their brands every day, so we know exactly where the issues tend to appear.

Why your influencer name is worth protecting

Your name is often the single most valuable asset you own. It’s how your audience finds you, how brands recognise you, and how you stand out in a crowded content creator market. Over time, it becomes shorthand for your reputation and everything you’ve created.

That value makes it a target. Copycats may try to trade off your name, register similar handles, or launch products under a confusingly close brand name. Without adequate protection, stopping them can be slow, difficult, and expensive. You can rely on unregistered trade mark rights and passing off; however, that requires a lot of evidence to evidence rights. The best and wisest move is to treat your name as the business asset it is and secure it by registering it as a trade mark before someone else tries to exploit it.

A registered trade mark gives you a clear legal right to your name for the goods and services you use it on. It puts you in control and makes it far easier to act against anyone who tries to piggyback on your success.

What qualifies as a Trade Mark?

A trade mark is a sign that identifies your goods or services and sets them apart from everyone else’s. It can be a word, a name, a logo, a slogan, or a combination of these. For most influencers, it’s the name or brand they post under. Think “IShowSpeed” or “DJ AG”.

To be registrable, your name needs to be distinctive. In other words, it must be capable of telling the public that your content or products come from you and no one else. The more unique your name, the stronger your application. A made-up word or an unusual combination is easy to protect like Zoella. A common phrase or a plain description of what you do is much harder, as we’ll explain below.

How to register a Trade Mark in the UK

Trade marks in the UK are registered through the Intellectual Property Office (UKIPO). The process is easier than many creators expect, but the details matter.

Here’s how it typically works:

1. Search first. Before you apply, check whether an identical or similar mark already exists. This avoids wasted fees and reduces the risk of objections or opposition later.
2. Choose your classes. You must register your name for specific categories of goods and services, known as Nice classes. Getting these right is one of the most important parts of the process.
3. File your application. Submit your application to the UKIPO with your mark, your chosen classes, and the relevant fee.
4. Examination. The UKIPO reviews your application to check it meets the requirements, then publishes it for a two-month period during which others can oppose it.
5. Registration. If there are no successful objections, your mark is registered. Protection lasts ten years and can be renewed indefinitely.

The process typically takes around four months from filing to registration, assuming no objections arise. A poorly prepared application can be refused or challenged, so a thorough search and careful class selection at the outset makes a real difference to your chances of success.

How much does It cost?

The UKIPO’s basic application fee is £205 for a single class, with an additional £60 for each extra class you add. A creator registering across three classes would pay £325 in official fees. If you instruct a solicitor to conduct the clearance search, draft the application, and manage the filing process, professional fees are added on top.

This is modest cost compared to dealing with a dispute. As mentioned before, a passing off action or a trade mark infringement claim can run to tens of thousands of pounds. Registration is one of the most cost-effective steps any creator can take to protect their livelihood.

Registered vs unregistered Trade Mark protection

Even without registration, you may have some rights in your name. The UK recognises unregistered protection through the law of passing off, which can stop others from misrepresenting their goods as yours.

The problem is that passing off is hard to rely on. To succeed, you must prove you have built up goodwill in your name, that someone has misrepresented their business as connected to yours, and that you have suffered damage as a result. That’s a heavy burden, and it can be costly to establish in court. A registered trade mark is far more powerful. It gives you a documented, exclusive right that is much simpler to enforce. Instead of proving your reputation from scratch each time, you can point to your registration as clear evidence of your rights.

Common pitfalls to avoid

Not every name can be registered, and some applications fall at the first hurdle. Knowing the common problems helps you avoid them.

• Names that are too descriptive. A name that simply describes what you do, such as “London Fitness Tips”, is difficult to protect because others need to use those words too.
• Names that are too generic. Everyday words with no distinctive quality rarely qualify on their own.
• Names that clash with existing marks. If your name is identical or similar to a registered mark in the same field, your application may be opposed or refused.
• Registering in the wrong classes. Protecting your name in categories that don’t match your actual work leaves gaps a competitor could exploit.

The safest approach is a distinctive name, backed by a proper search and sensible class choices. A little planning at the outset prevents expensive problems further down the line.

Which Classes Should You Register Under?

Trade marks are registered across 45 classes, each covering different goods or services. You only get protection in the classes you choose, so picking the right ones is essential.

For most content creators, Class 41 is the natural starting point, as it covers entertainment, education, and the production of online content. But your work may well stretch further:

• Class 35 for advertising, marketing, and promotional services, which is relevant if you run sponsored campaigns.
• Class 25 if you sell clothing or merchandise under your name.
• Class 3 for cosmetics and beauty products.
• Class 9 for downloadable content, apps, or digital media.

Think about where your brand is now and where it’s heading. If you plan to launch merchandise, courses, or products in the future, it’s often worth protecting those classes from the outset rather than filing a separate application later. Choosing the right combination ensures your registration reflects your real commercial ambitions.

The ™ and ® Symbols

Once you have filed your application with the UKIPO, you can use the ™ symbol next to your name to indicate a claim to the mark, even before registration is confirmed. Once your mark is formally registered, you can switch to the ® symbol. Using ® on an unregistered mark is an offence under UK law, so it is important to understand where you are in the process before displaying it.

What about international protection?

A UK trade mark only protects you in the UK. If your audience extends to Europe or beyond, broader protection may be worth considering. The EU Trade Mark (EUTM), administered by the EUIPO, covers all 27 EU member states through a single registration. For creators with a genuinely global following, the Madrid Protocol allows applications to be extended to multiple countries through one international filing.

International registration adds cost and complexity, but for any creator who earns income across borders or whose name appears on merchandise sold internationally, the extra protection is worth discussing with a solicitor.

The benefits of registration for creators / influencers

A registered trade mark does far more than sit on a certificate. It gives you a practical toolkit for building and defending your brand.

With registration, you gain the exclusive right to use your name for your chosen goods and services. You can stop copycats quickly, licence your name to partners, and add real, quantifiable value to your business. It also strengthens your position in brand deals, showing the companies you work with that your name is a protected, professional asset.

Registration works hand in hand with your other agreements too. A strong trade mark, combined with a well-drafted influencer agreement, gives you comprehensive control over how your name and content are used. Together, they form a solid foundation for a long-term career.

Protecting the Name You’ve Built

Your influencer name is one of the most valuable things you own, and it deserves proper protection. By registering a distinctive name, choosing the right classes, and avoiding the common pitfalls, you secure a strong, enforceable right that grows in value alongside your brand.

Whether you’re just starting out or already have a substantial following, now is the time to think about protecting your name. The earlier you act, the stronger your position.

If you’d like to trade mark your influencer name or discuss protecting your brand, our team is here to help. Contact Freeman Harris on 0207 790 7311 or email contact@freemanharris.co.uk to speak with our experienced intellectual property lawyers.