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Why protecting your brand should be a priority for growing businesses in 2026
March 10, 2026
As your business grows, your brand can become one of your most valuable assets.
A strong brand can drive customer loyalty, support expansion and increase the overall value of the business. Protecting your brand should therefore be a key legal and commercial priority for your business in 2026.
In this article, our commercial law solicitor, Siobhan, outlines 5 essential components businesses in England and Wales should prioritise to protect your brand and intellectual property (IP).
Trade mark registration is one of the most effective ways to protect a brand. Under the Trade Marks Act 1994, a trade mark can protect distinctive signs such as business names, slogans and logos that distinguish a company’s goods or services from those of competitors.
Registering a trade mark gives the owner exclusive rights to use that mark in connection with the goods or services for which it is registered. It also allows the owner to prevent others from using identical or confusingly similar marks in the course of trade. Registration is handled by the UK Intellectual Property Office and the protection generally lasts for ten years, with the option to renew.
Elements of branding may also benefit from copyright protection. Copyright arises automatically on the creation of the work and does not need to be registered in the UK. Logos, designs and marketing materials may be protected as original artistic works under copyright law. Your business should keep good records of when any works were created, which will be useful in the event of any dispute on ownership in the future.
In the digital age, domain names are a critical component of brand protection. A domain name often acts as the primary gateway through which customers interact with a business online. Securing relevant domain names that reflect the brand can help prevent third parties from exploiting the business’ reputation.
As businesses expand, they often rely on employees, consultants, designers and other suppliers to create valuable IP such as marketing materials, branding or product designs. It is therefore important that, if you engage with third parties on these types of aspects, to ensure that your business clearly owns the IP rights to any outputs.
Under the laws in England and Wales, IP created by employees in the course of their employment will usually belong to the employer; but this should still be confirmed through well-drafted employment contracts.
The position can be different for consultants or external suppliers where the default position may be that the creator retains ownership unless the rights are formally assigned. To avoid uncertainty, businesses should ensure that contracts with suppliers and third parties include clear provisions assigning IP rights to the business and permitting the business to use and develop those assets as it grows.
As your business scales, your brand may also evolve. It is best practice to regularly review your trade mark portfolio, domain name registrations and ownership of branding assets to ensure that your protection keeps pace with the growth.
Taking proactive steps to safeguard these elements can help prevent disputes, maintain market presence and preserve the commercial value of your brand. For many growing businesses, seeking legal advice at an early stage can help to identity, protect and commercialise IP.
If you would like bespoke advice on protecting your brand or reviewing your existing IP arrangements, our experts can provide tailored support to meet the needs of your business. Get in touch with our team using the contact form or call 029 2082 9100 to see how we can help.
To speak to one of our experts today, please contact us on 02920 829 100 or by using our Contact Us form for a free initial chat to see how we can help.
