Posted Wednesday 7th October 2026
As businesses increasingly use AI to generate names, logos, slogans and other branding assets, they can develop creative concepts faster than ever. However, what AI can generate quickly may already be protected by existing intellectual property rights, creating legal and commercial risks for businesses that fail to conduct proper checks before launch.
This article explains why businesses should not delay in protecting their brands and highlights key practical considerations to be aware of in this digital era of entrepreneurialism.
Trade marks at a glance
Registered trade marks can be used to protect words, designs, logos and product or service names in relation to specified goods and services. To obtain such protection, in the UK, an application must be submitted to the Intellectual Property Office (‘IPO’), where the official fee for an online application starts at £205. The IPO then examines the application and, if it is accepted, publishes it for opposition before registration. Once approved, registration lasts for 10 years and can be renewed indefinitely for further 10-year periods. With diligent portfolio management, trade marks represent an effective tool for protecting brand identity.
Early registration can help businesses secure valuable rights before competitors adopt similar brands and may reduce the risk of disputes as a business grows. Delaying registration can leave businesses vulnerable if another party files first or acquires competing rights.
Trade marks and AI: the overlap
AI systems, including large language models and generative image tools, can quickly synthesise new content in accordance with their users’ instructions. For smaller businesses, AI can help build brand portfolios more quickly and cost-effectively, while larger businesses can use it to generate fresh content and reinforce their market presence and brand identity.
While AI-generated content may appear original, these systems are trained on vast amounts of existing material. As a result, a proposed brand name, logo or design may be identical or similar to existing rights owned by third parties. As more businesses rely on AI-driven branding, the risk of adopting marks that conflict with earlier rights is likely to increase.
Businesses should therefore conduct appropriate clearance searches and consider filing trade mark applications at an early stage, before committing to a launch, investing heavily in marketing or building brand recognition.
Trade mark registration red flags: misleading payment requests
If you are considering registering a mark, use the correct channels and seek professional legal advice where appropriate. Applicants and owners may receive misleading invoices, renewal reminders or offers of protection from organisations that are not connected with the IPO. Do not make payment until the sender and service have been verified; if in any doubt, contact the IPO or seek professional legal advice.
As AI-generated branding becomes increasingly common, businesses should not assume that a name, logo or slogan produced by an AI tool is available to use. Seeking legal advice before launch can help identify potential risks and protect valuable brand assets from the outset. If you are seeking to protect a mark, Joelson’s IP team can guide you and your business through this process to help you build your brand identity swiftly and securely.
This article is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.
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