The new year is the perfect time for businesses to review their brand protection strategy. Trade mark protection is critical for businesses of all sizes, yet it’s often overlooked until a problem arises. A well-maintained trade mark portfolio not only reduces the risk of infringement but also strengthens your brand’s identity in the eyes of customers and even potential investors.
As we head into 2026, there is an additional factor for businesses to consider: the UK Intellectual Property Office has announced that official fees will increase from April. This means that any new UK trade mark applications filed before the fee changes take effect will benefit from cheaper and lower rates. If you are planning new filings, it is recommended that you submit them ahead of the increase.
Here are the essential steps every business should take to ensure their brand is properly protected in the new year.
1. Audit Your Existing Trade Marks
Begin by reviewing all registered trade marks, pending applications and unregistered marks you currently use. Ask yourself:
- Are my trade mark registrations up to date and do they still reflect how my brand is used?
- Do my trade mark registrations cover all goods and services currently offered under the brand?
- Has my brand, logo or packaging changed?
A brand portfolio audit ensures nothing is missed and highlights where protection may need strengthening.
2. Check for Approaching Renewal Deadlines
UK trade mark registrations can last indefinitely, provided they are renewed every 10 years. Missing a renewal deadline can put your registration at risk. There is a 6-month grace period, but it comes with additional fees.
Check:
- Whether any registrations are due to expire within the next 12 months.
- Whether renewal notices from the UK Intellectual Property Office are being sent to the correct contact address (yours or your representative’s). Notices are typically issued 6 months before the deadline.
- Whether the registered owner name or address needs updating, particularly if your business has recently undergone restructuring or a name change.
3. Review Your International Protection
If your business trades outside the UK, consider whether your brand is protected internationally. Each country has its own trade mark system and requirements, and protection in the UK alone may not be sufficient.
Stephens Scown works with a wide network or trusted international associates who can assist with trade mark filings worldwide.
4. Identify New Trade Marks to Register in 2026
Think ahead to any developments planned for next year:
- Are you rebranding or refreshing your visual identity?
- Are you launching new products or services?
- Is your business expanding into new regions?
If new branding or products are on the horizon, it’s wise to consider trade mark protection early. Our specialist trade marks team can guide you through the process and ensure you have sufficient protection in the new year.
5. Ensure Proper Clearance for New Brands
Before adopting a new name or logo in 2026, clearance searches are essential. They help you avoid:
- Infringing someone else’s rights;
- Being forced to rebrand after launch; and
- Losing valuable time, money and resources.
A clearance search identifies existing rights that could pose a risk and provides reassurance before you invest in packaging, marketing or any product development.
6. Monitor the Market for Potential Infringements
Regular brand monitoring helps you identify:
- Competitors adopting identical or confusingly similar names.
- Infringing marketplace listings.
- Misuse on social media.
Consider:
- Marketplace takedown tools (like VeRo for eBay) to remove infringing listings; and
- Setting up trade mark watching services to notify you of new applications that could conflict with your brand.
Final Thoughts
The new year is an excellent opportunity to ensure your trade mark protection is robust, up to date and aligned with your commercial objectives. With the right steps, you can safeguard your brand’s identity and place your business in the strongest position for success in 2026.
If you need support auditing your trade mark portfolio, identifying protection gaps, or planning filings for the year ahead, the Trade Marks team at Stephens Scown is here to help.