Your brand is one of your business’s most valuable assets. Whether you are a start-up, a growing SME, or an established company refreshing your identity, protecting your brand early can prevent costly disputes and confusion later. This guide explains the basics of brand protection in England and Wales, focusing on trademarks, what can and cannot be protected, and the practical steps businesses should take from the outset.
What do we mean by “your brand”?
A brand is more than a company name. It can include your trading name, logo, slogan, and sometimes distinctive colours or sounds that customers associate with your business. These elements distinguish you from competitors and help customers recognise and trust what you offer.
While branding is often seen as a marketing issue, brand protection is a legal matter. Without the right protection in place, another business may be able to use a similar name or logo, potentially damaging your reputation or diverting customers away from you.
Trademarks and why they matter
In England and Wales, the primary way to protect a brand is to register a trademark with the Intellectual Property Office (IPO). A registered trademark grants you exclusive rights to use that mark in relation to specific goods or services.
A UK trademark registration lasts for ten years and can be renewed indefinitely. Once registered, it allows you to take legal action against others who use identical or confusingly similar marks and gives you the right to use the ® symbol. This alone can act as a strong deterrent to potential infringers.
It is worth noting that registering a company name with Companies House does not confer trademark protection. Company and trademark registrations are separate processes with distinct legal effects.
The key steps to protecting your brand
Before settling on a brand name or logo, it is prudent to check the IPO database for existing trademarks. This helps identify whether someone else already owns a similar mark and reduces the risk of infringing another business’s rights.
You will also need to identify which classes of goods or services your brand relates to. Trademarks are registered in specific classes, and protection applies only to those selected. Choosing the right classes is critical; selecting too few can leave gaps in protection, while selecting too many can unnecessarily increase costs.
Once these steps are complete, an application can be submitted to the IPO to register the trademark. If there are no objections, the mark will proceed to registration.
Alongside trademark registration, many businesses also secure relevant domain names and social media handles early, even if they do not plan to use them immediately. This can help prevent “cybersquatting” and maintain consistency across platforms.
What you can and cannot protect
Trademarks can protect brand names, logos, slogans, and, in some cases, non-traditional elements such as colours or sounds, provided they are distinctive and capable of identifying your business.
However, trademarks do not protect general business ideas, descriptive terms, or generic names. They also do not automatically confer rights outside the UK. A UK trademark protects your brand only in England, Wales, Scotland and Northern Ireland. Separate protection is required for international markets.
Enforcement and keeping your brand safe
Registering a trademark makes enforcement significantly easier, but it does not police itself. Businesses should monitor competitors and the broader market and act promptly if they become aware of potentially infringing use.
It is also prudent to keep new brand names confidential until protection is in place. Publicly disclosing a brand before registration can make it easier for others to copy or challenge it.
When to speak to a solicitor
If you are investing in a new brand, expanding into new markets, or facing a potential dispute, seeking early legal advice is strongly recommended. A solicitor can help you assess risks, structure registrations properly, and address enforcement issues if they arise. Seeking advice at the outset is often far more cost-effective than trying to fix problems after a conflict has developed.
About the author
Peter Moody joined RIAA Barker Gillette (UK) LLP in February 2026 as a Corporate and Commercial Consultant. He advises UK and international clients across the hospitality, leisure and arts sectors on corporate, commercial and intellectual property matters.
Known for his pragmatic, risk focused approach, Peter provides commercially driven, discreet and solution oriented advice on transactions, operational matters and alternative dispute resolution.