Partner Rebecca Tew has been featured in World Intellectual Property Review, revealing data which shows that UK influencers are neglecting trade mark protection in comparison to global influencers.
Her commentary highlights how if influencers do not secure protection for their brand identity, this may leave them vulnerable to people taking advantage of what they have built, especially with the sudden rise of generative AI.
Read the extended press release below
- AI adds urgency as fraudsters can now clone influencers to exploit their brands
- Influencers often only register trade marks once they are extremely famous
- Most influencers don’t make full use of IP protections available
Only 45% of the top UK social media influencers have registered a trade mark versus 80% of the top global influencers, says Mathys & Squire, the leading intellectual property (IP) law firm*.
Influencers like Logan Paul and Emma Chamberlain have filed trademarks in the US. In the UK influencers that have registered trade marks include Molly-Mae Hague, Zoe Sugg and Mrs Hinch.
Having a trade mark gives influencers intellectual property rights over distinctive elements of their brand, such as names, logos, slogans and social media handles.
Rebecca Tew, Partner at Mathys & Squire, says influencers who delay filing trade marks risk their brands being copied, imitated or misused without being able to take effective legal action.
“A lot of what influencers do from the very start gives rise to intellectual property and whilst copyright is afforded automatically to their content, most of them have almost nothing on the trade marks register to protect their brand. The lack of IP protection leaves their names, handles, logos and slogans exposed to copycat accounts, impersonation and free-riding particularly as their presence grows.”
“Generative AI adds a new layer of urgency. Fraudsters can now clone an influencer’s face or voice and create fake videos or bogus endorsements that followers may struggle to identify as fake. A registered trade mark can give creators clearer footing to challenge AI-generated imitations of their content and accounts.”
“Influencers often wait to register a trade mark only when they have built a successful business rather than protecting their own name and key elements of their content creation from the outset. Vlogging, entertainment, digital content, marketing and the promotion of goods for others are all services that can be protected under a trade mark registration in their own right.”
Even in the cases where influencers do file trade marks, they often fail to use all the IP protection tools available to them.
Rebecca Tew explains: “Today, influencers can register their brands not only for specific products but for the business that is their content creation. An influencer who registers their name for a specific collaboration or deal, for example a cosmetic product or clothing range, may leave the door open for others to use a near-identical handle for other products or services.”
“Broader, well-planned protection covering both current and foreseeable activities provides far stronger grounds to act against fraudsters and makes sure that the influencer is ready with names, slogans or handles protected when merchandise or endorsement deals come along.”
“A growing problem is the risk of false association, where a creator’s name, handle or likeness is misused to imply an endorsement or connection that does not exist. Without a registered trade mark, taking action can be far harder and persistent infringements will affect the commercial value of the influencer’s brand.”
“Considering the increasing size and importance of the influencer industry it is a concern that use of trade marks by the sector in the UK is not wider. Social media moves incredibly quickly, and taking legal action against the huge number of copycats that can emerge is very difficult without good registered trade mark protection.”
* According to Mathys & Squire research. The top 20 US influencers were taken from Forbes Top Creators list 2025 and the top 20 UK influencers were compiled by Mathys & Squire based on Instagram followers.
