Written by Fraz Butt, Senior Director · SRA-regulated · Last reviewed 8 September 2026
Protecting your intellectual property means registering trademarks for your brand name and logo, understanding that copyright in original work arises automatically without registration, and knowing what steps to take if a competitor copies your work. Your brand name, logo, product design and written or creative content are often among the most valuable assets a business owns, yet many founders only think about protecting them once a dispute has already started. This guide sets out how trademark registration works, what is and is not automatically protected, and what to do if your intellectual property is infringed.
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Why Growing Businesses Need to Think About IP Early
Intellectual property covers several distinct legal rights, including trademarks, which protect brand names and logos, copyright, which protects original written, visual and creative work, design rights, which protect the appearance of a product, and patents, which protect inventions. Each has different rules on how it arises, how long it lasts, and what you need to do to enforce it.
Working out which of these rights actually apply to your business, registering the ones that need registering, and acting quickly if someone else uses your brand or copies your work, is far easier to do calmly in advance than under pressure once a problem has already arisen.
Registering a Trademark, How the Process Works
A trademark protects your brand name, logo or slogan, and registering one gives you the exclusive right to use it for the goods or services you register it against, along with a much stronger legal position if someone else starts trading under a similar name. Registration in the UK is handled by the Intellectual Property Office, and involves choosing the correct classes of goods or services, searching for conflicting existing marks, and responding to any objections raised during examination or by third parties.
Many businesses attempt to register a trademark themselves and either choose the wrong classes, missing the protection they actually need, or run into an objection they are not equipped to respond to. Taking advice at this stage means proper clearance searches are carried out beforehand, so you are not left having built a brand around a name someone else already owns.
Copyright, What Is Protected Automatically
Unlike trademarks, copyright in the UK arises automatically as soon as an original work is created, whether that is written content, software code, photography, design work or marketing material, and there is no formal registration system. This does not mean copyright is simple, however. Disputes commonly arise over who owns copyright in work created by a freelancer or contractor, since the creator, not the business that paid for it, usually owns copyright unless the contract clearly assigns it.
Keeping clear records of when and how work was created, and making sure every contractor agreement includes a proper assignment clause, is essential to avoid disputes over ownership later.
Related reading: commercial contract clauses.
What to Do if Someone Copies Your Work
If a competitor copies your written content, product photography, software or design without permission, a formal letter demanding they stop is often the first step, followed, where necessary, by a claim for damages or an account of the profits the infringer made. Acting quickly matters, both to stop ongoing damage to your business and because evidence of the original creation date becomes more valuable the sooner it is gathered.
Before taking formal action, it is worth having the position assessed properly, to check whether copyright genuinely subsists in the work, and whether what has happened actually amounts to infringement, since not every similarity between two pieces of content crosses that legal line.
Design Rights and Patents, When They Apply
If your business has a distinctive product shape or appearance, design rights may protect it, either automatically for a limited period as an unregistered design, or for longer through formal registration. Patents protect genuine technical inventions, and registering one is a more involved and expensive process, generally only worthwhile where the invention is central to the business and can realistically be defended against competitors.
Protecting Intellectual Property in Contracts and Employment
Intellectual property protection does not stop at registration. Every contract with a contractor, agency or supplier who creates work for your business should include a clear assignment of intellectual property rights, and every employment contract should confirm that work created during employment belongs to the business. We cover this in more detail in our guides on commercial contracts and employment contracts for first hires.
Related reading: employment contracts for first hires.
When to Get Advice
The best time to get advice is before you launch a brand name, before you sign a contract with anyone creating work on your behalf, and as soon as you become aware that someone else may be using your brand or copying your content. Saracens Solicitors advises founders and growing businesses on trademark registration, copyright protection and infringement disputes as part of our wider corporate and commercial practice.
Related reading: our startup legal guide.
Have a question about your specific situation? Call us on +44 (0)20 3588 3500 or press Enquire at the top of this page, our team responds quickly.
Frequently Asked Questions / Questions & Answers
How do I register a trademark in the UK?
You apply to the Intellectual Property Office, selecting the classes of goods or services your trademark covers, after which the application is examined and published for opposition. Getting advice first means clearance searches are carried out to check your proposed mark does not conflict with an existing registration.
How much does it cost to register a trademark?
Official Intellectual Property Office fees start from a set amount per class of goods or services, with additional cost for professional advice, clearance searches and handling any objections. Costs rise if the application is opposed by a third party.
What is the difference between a trademark and copyright?
A trademark protects a brand name, logo or slogan and must be registered to gain full legal protection. Copyright protects original creative or written work and arises automatically without registration, though it protects the specific work itself rather than a brand.
Do I need help to register a trademark?
It is not a legal requirement, but professional help reduces the risk of choosing the wrong classes, missing a conflicting existing mark, or being unable to respond effectively to an objection, all of which can be costly to fix after the event.
What can I do if someone infringes my copyright or trademark?
Options range from a formal cease and desist letter through to a claim for damages or an account of profits, depending on the scale of the infringement and how the other party responds. Acting quickly generally leads to a better outcome.
Can I protect a business idea before I have built anything?
Ideas themselves are not protected by intellectual property law, only the specific expression of an idea, such as written content, a registered trademark, or a patented invention. Keeping development records and using confidentiality agreements with anyone you discuss the idea with offers some practical protection in the meantime.
Speak to Saracens Solicitors
For advice on registering a trademark or protecting your intellectual property, speak to our Corporate Law team.
Visit our Corporate Law service page or call us on +44 (0)20 3588 3500 to arrange a consultation.
Saracens Solicitors, Thanet House, 231 to 232 Strand, London, WC2R 1DA.
