Identification of IP and signposting
Trade marks, copyright, designs, and patents – which do your clients really need?
For many SME owners, intellectual property (IP) is a vague, catch-all term that sounds complicated and expensive. As a trusted business advisor, you can cut through any client confusion, and help identify exactly which protections matter.
The truth is, not every business needs every type of IP protection. But every business has some IP worth safeguarding. The key is matching the right protection to the right asset.
While we can ultimately take the IP conversation forward, first we will need to feel sufficiently informed about your client to start that conversation.
To help get to this point we’ve summarised the role of each broad IP right:
Trade marks – protecting the brand
What they protect: Names, logos, slogans, and other identifiers that distinguish a business’s goods or services.
Why it matters: The brand is often the single most valuable asset a business owns. Without a registered trade mark, competitors can use similar names or even register the name themselves.
Best for:
- Any business with a distinctive name, logo, or strapline.
- SMEs looking to expand into new markets or sell online.
Example: A café chain registers its name and logo before franchising, ensuring brand consistency and preventing copycat outlets.
Copyright – protecting original creative work
What it protects: Original works including text, images, music, videos, software, and marketing content.
Why it matters: Copyright is automatic upon creation but proving ownership and enforcing rights is much easier with clear documentation and, where relevant, registered evidence.
Best for:
- Creative agencies, software developers, publishers, and content-driven businesses.
- Any SME producing unique marketing materials or product literature internally.
Example: A company keeps detailed creation records, enabling it to prove ownership when a competitor uses the artwork without permission.
Design rights – protecting the look and feel
What they protect: The appearance, shape, configuration, and surface decoration of a product.
Why it matters: A distinctive design can be a major selling point and so can be vulnerable to copying.
Best for:
- Product designers and manufacturers.
- Fashion, furniture, and consumer goods businesses.
Example: A furniture maker registers the design of a best-selling chair, preventing others from producing identical copies.
Patents – protecting inventions and innovations
What they protect: New inventions that are novel, inventive, and capable of industrial application.
Why it matters: Patents grant a legal monopoly on the invention for up to 20 years, allowing the owner to licence or sell the rights exclusively.
Best for:
- Businesses developing new products, processes, or technology.
- Companies seeking investment based on unique technical innovations.
Example: A tech start-up patents a unique water-filtration system, enabling it to licence production rights and commercialise.
How to start the conversation
Start by asking:
- What makes you, your product, or your business stand out? (Brand, design, innovation, content?)
- Would losing this to a competitor cause serious damage?
- Do you plan to expand, licence, or sell the business in the future?
From your client’s answers you should get a feel of whether there is IP which can be protected. And at that point we want you to feel confident to signpost them to Barker Brettell. This helps you to be seen as a proactive, strategic, advisor. You are not just highlighting risk, but are helping clients strengthen their market position, boost business value, and create opportunities for growth.
To continue the conversation please contact one of the authors, Rosalyn Newsome or Oliver Pooley, who will be happy to answer your questions.
