Question

Registering a trademark for my brand — is that an allowable expense or capital spend?

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I run a small cafe and retail business in London, and I am thinking about registering a trademark for our brand name and logo. We have built up a loyal local following over the last few years, and I want to protect the name before I expand into selling more products online. I have had a rough quote of around £1,000 to £1,500 for the application and professional advice, plus renewal fees every ten years, but I have not started the process yet.

My main question is how the registration costs should be treated for tax. I have read that spending on an asset that will benefit the business for many years can be capital, while everyday running costs are usually allowable straight away. A trademark feels like it sits somewhere in between: it protects something I already have, but it could also add long-term value to the business. Does that make the whole cost capital, or can some parts, such as advice and filing fees, be treated differently?

I am also unsure about renewal fees and any costs if I need to defend the trademark later. If I pay a renewal fee in ten years, is that treated in the same way as the original registration, or is it simply a running expense? And what happens if I later sell the business or the brand? Would the trademark have a value for tax purposes, and would I need to keep records of what I originally paid?

Finally, does it matter that I am a sole trader rather than a limited company? I want to get the treatment right from the start, rather than having to correct it later. Any practical guidance, examples, or common mistakes to avoid when claiming trademark costs would be really helpful.

1 Answer

Your instinct is right: this sits between a day-to-day expense and a long-term investment. A trademark registration that creates or secures a lasting brand asset is generally capital expenditure, not an ordinary revenue expense. You should not simply deduct the whole £1,000 to £1,500 application and advice cost against trading income in the year you pay it, as if it were stationery or advertising.

The reason is the enduring benefit test. Registration gives you a legal right that can last for many years, be renewed, and add value when you expand online. Advice and filing fees incurred to obtain that right are therefore usually part of the capital cost, even though they are paid to advisers rather than for a physical asset. Splitting the invoice into advice and filing fees does not normally change that result.

That does not mean the cost is wasted for tax purposes. For a sole trader, capital costs are not deducted as trading expenses, but they form part of the cost base of the asset. Keep the full breakdown, the registration certificate, and evidence of payment. If you later sell the business or the brand, that documented cost can be relevant to any capital gains calculation. Do not assume an automatic annual write-off: trademarks are not plant or machinery, so ordinary capital allowances do not normally apply in the same way.

Renewal fees are different in principle. A renewal in ten years does not create a new brand; it maintains a right you already own. Maintenance costs of that kind are more often revenue expenditure, deductible if incurred wholly and exclusively for the trade. The exact treatment still depends on whether the payment extends or enhances the right.

Defending the trademark is fact-sensitive. Costs to protect your existing trade, for example stopping someone using a confusingly similar name for the same goods, are often revenue in nature. Costs that secure a new or enlarged right, or create a new asset, are more likely to be capital. Being a sole trader rather than a limited company does matter: a company may fall under the intangible fixed assets regime, whereas you are taxed under income tax and capital gains rules. Record the initial classification before you claim anything, and keep renewals and defence costs in separate headings.

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