2026 is shaping up to be a pivotal year for brands, design and AI-generated content, with significant legal developments beginning to take effect.
At the heart of this sits the trade mark: a registered sign (such as a name, logo, or other brand identifier) that distinguishes a business’s goods or services and embodies the goodwill, reputation, and commercial value built around it.
In this update, we highlight the key IP and AI-related developments businesses, in-house counsel and decision-makers should be aware of.
1. Trade mark strategy is becoming more complex for UK businesses
The data tells a clear story. Trade mark activity remains high in the UK, increasing both filing volume and complexity. According to the UK Intellectual Property Office (UKIPO), 173,180 trade mark applications were filed in 2024 (a 5.8% increase on 2023), with registrations also rising year-on-year.
At the same time, 6,695 oppositions were filed in 2024, underlining the level of dispute activity in an increasingly crowded register. As filing volumes grow, businesses should expect greater challenges when selecting and clearing new brands, particularly in saturated sectors such as digital services, where naming conventions often converge.
What does this mean in practice?
In practice, this shift has several implications-
- Clearance risk is increasing even where marks appear different; they may still give rise to challenge where the overall impression and goods/services overlap.
- Opposition risk should be treated as a standard part of pre-filing diligence, not an exception. Filing without robust searches can lead to delay, added cost, or, in worst-case scenarios, a forced rebrand at a critical commercial stage.
In an increasingly crowded register, comprehensive clearance searches can be the difference between a smooth filing process and an expensive problem later on. By identifying conflicting rights at an early stage and assessing the strength of a proposed mark, businesses can make informed decisions before investing in branding, marketing and launch costs.
Legal advisers can add real value here by carrying out detailed clearance searches, analysing potential risks and identifying practical options where issues arise. In a market where securing trade mark protection is becoming more challenging, early advice can help businesses avoid costly opposition proceedings or reduce the risk of having to rebrand after launch.
2. What Nice Classification 13 means for trade mark protection
While the 13th Edition of the Nice Classification (in force from 1 January 2026) introduces a number of technical changes, the more significant issue for businesses is practical: getting goods and services classifications right at the outset is becoming both more complex and more critical.
The scope of trade mark protection depends heavily on how goods and services are defined.
Specifications that are too broad can attract objections, increase vulnerability to non-use challenges, and lack the necessary precision for enforcement. Equally, specifications that are too narrow can leave gaps in protection, failing to cover how a business actually operates or plans to grow. Striking the right balance is essential.
Although older registrations remain unchanged, new filings must comply with Nice 13, creating a period where old and new classifications coexist. This increases the risk of misalignment between existing portfolios and new filings, potentially creating gaps in protection.
What does this mean in practice?
- Classification errors are harder to spot and can have lasting consequences for scope of protection
- Overly broad or overly narrow specifications can either weaken enforceability or leave gaps in coverage
- Inconsistent specifications across portfolios can weaken enforcement positions
- Clearance exercises need to take into account both legacy and current class structures
Early consideration of trade mark specifications can help businesses obtain protection that is commercially meaningful, capturing the goods and services that matter most while reducing the risk of unnecessary limitations or gaps in coverage.
3. How the end of UK series marks could affect trade mark filing strategies
The UK Intellectual Property Office (UKIPO) has suggested that it will discontinue the series trade mark service for new applications as part of its wider digital transformation programme. The change is said to take effect when the new digital trade mark service is launched, although existing series marks will not be affected.
Under the current system, applicants can file up to six similar marks (for example, colour variants or minor stylisations) within a single application. This option will no longer be available, meaning that each variant will need to be filed separately going forward.
This marks a significant shift in UK trade mark practice. Businesses that rely on multiple brand variants may face increased filing costs and administrative burdens, as well as the need to adopt a more focused approach to brand protection.
The change is also intended to simplify the system and align the UK more closely with international practice, where series marks are uncommon.
Businesses should take the opportunity to audit their brand portfolio, identifying which variants are genuinely used and commercially important. Filing strategies should then be adjusted to prioritise core marks and key variants, balancing cost-efficiency with sufficient protection in a post-series mark landscape.
That said, timing remains uncertain. The proposal was first announced over a year ago, and until the new digital service is formally launched, this remains a development to monitor rather than an immediate change.
4. Lookalike products, trade mark reputation and infringement risks
Recent case law sends a clear message: brand owners can succeed even without consumer confusion, where a competitor’s product creates a “link” in the consumer’s mind and takes unfair advantage of a mark with a reputation.
Product packaging and overall “get-up” are under increasing scrutiny. Cases such as Thatchers v Aldi (which we have reviewed in more detail here: https://www.herrington-carmichael.com/lookalike-copying-or-similar-design-what-constitutes-trade-mark-infringement/) illustrate the risks and highlight why early clearance and design input are essential for businesses launching new products to avoid costly disputes.
5. SMEs and scale-ups are protecting names and designs earlier (and it pays off)
UKIPO data shows consistently high levels of trade mark and design filings, reflecting sustained demand for brand protection across the market. Increasingly, we are seeing this activity is being driven not just by established businesses but by SMEs and scale-ups treating IP as a foundational asset from the outset, rather than a later-stage administrative step.
Early filing ahead of key milestones (such as fundraising, partnerships, or product launches) can reduce exposure and present a cleaner diligence position to investors and counterparties.
Delaying protection can create significant commercial risk. Businesses that wait too long to secure rights may face forced rebrands, disputes just as traction builds, or friction during investment and acquisition processes, where clean ownership of IP is a key diligence issue.
A practical approach is to establish a “minimum viable IP portfolio” early on (typically including core word marks, logos, and design protection where relevant). Equally important is ensuring that contracts with employees, contractors, and agencies clearly assign IP ownership and address the use of IP and AI in creating deliverables, reducing the risk of ownership disputes later.
How we can help
If you’re unsure how these developments may affect your brand or portfolio, our Intellectual Property team can help you navigate the changes and turn them into a strategic advantage.
Our services include:
- Trade Mark Filings and Portfolio Management: Supporting end-to-end filing strategies that balance protection, cost, and commercial priorities.
- Specification and Classification Reviews: Ensuring your filings align with Nice Classification 13 and reflect your current and future commercial activity.
- Clearance and Watching Strategies: Conducting robust searches and monitoring across both legacy and updated classes to minimise conflict risk.
- Disputes and Enforcement: Advising on oppositions, challenges, and brand enforcement to protect your market position.
- Practical Brand Protection Advice: Helping you structure your portfolio to support growth, investment, and long-term brand value.
Contact us today to discuss how we can support you and your business.
