Emerging IP Challenges for Brand Owners in 2026

Gerard Kelly SC, Head of Intellectual Property, explores the key challenges brand owners are likely to face in 2026. He highlights the increasing speed and scale of brand misuse on online platforms and the growing complexity created by expanding brand identity boundaries.

Gerard also unpacks the major legal developments that will shape brand protection next year and explains what they mean for rights holders. He offers practical guidance on strengthening brand protection strategies, stressing the importance of securing the right mix of IP rights and acting quickly when misuse is detected.

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Brand owners in 2026 face three main challenges: speed, scale and scope. Misuse of brands now spreads faster than ever through online marketplaces and social platforms. Counterfeiting and grey market goods continue to undermine consumer trust and erode value. The boundaries of brand identity are expanding, from traditional marks to digital content, product design and even packaging shape.

Protecting your brand today requires a coordinated approach. Securing rights in priority markets, monitoring online activity continuously and acting quickly to enforce when misuse occurs. Consistency and vigilance remains the cornerstone of effective brand protection. There are three major developments brand owners should prepare for in 2026. First, the Digital Services Act has strengthened obligations on platforms while clarifying enforcement routes for rights holders.

Second, copyright and design law updates will require businesses to reassess ownership, licensing arrangement and enforcement potential. It is likely that copyright will continue to grow and feature as a ground of action at an EU level for functional items such as clothing and fast-moving consumer goods. Third, case law developments such as in the Thatchers Cider v Aldi case has broadened the potential scope for trade mark infringement grounds in copycat packaging in the food and beverage space in particular as confusion is no longer required if unfair advantage has been taken of a trade mark's reputation or distinctive character and a link has been established. To prepare, review your registrations, tighten contractual provisions and ensure internal teams know when and how to act on infringements.

Planning now will prevent costly disputes later. Successful trade mark management depends on three things: organisation, monitoring and coordination. Regular portfolio audits help identify overlapping or outdated registrations, keeping costs under control. Consistent monitoring, especially across e-commerce and social channels, allows early detection of infringement.

Finally, strong coordination between legal, commercial and marketing teams ensures that new brands are cleared for use, registered early and used correctly.

Together these steps help businesses protect their most valuable assets, maintain global consistency and support long term brand growth. In 2026, well-managed portfolios will be the difference between reacting to problems and preventing them entirely.

Registrations around product packaging should be looked at given recent case law developments clarifying the scope of protection of packaging trademark.

For more information and expert advice, please contact a member of our award-winning Intellectual Property team.

The content of this article is provided for information purposes only and does not constitute legal or other advice.