Future-proof your brand: Navigating the 2026 IP & regulatory landscape

The world of brand protection is evolving quickly, and 2026 brings a few important changes that are worth having on your radar.

While none of these changes should cause alarm, they do offer a timely opportunity for brand owners to refresh their strategies and ensure their trade mark portfolios and internal processes remain fit for purpose.

Below are some key areas where a little forward planning can go a long way in strengthening and safeguarding your brand assets this year.

Take a fresh look at your portfolio after the Nice 13 reclassification

Nice 13 Classification changes came into effect on 1 January 2026, introducing a number of updates that reshape where several goods and services now sit.

Many of these changes are logical refinements (such as eyewear moving into Class 10 and electrically heated clothing shifting to Class 25) but they may affect how your marks are categorised going forward.

A practical response at this stage includes:

• review your existing trade marks to see if any fall within newly updated classes
• update filing strategies for future applications
• ensure agreements referring to old classes continue to reflect commercial intent
• run clearance searches that consider both old and new class placements
• keep an eye on competitor activity in the newly shifted classes.

This isn't a reinvention of your trade mark strategy, but a thoughtful recalibration to keep your protection aligned with the updated framework.

Start screening brand transactions for ACCC merger thresholds

One of the biggest shifts this year is that trade mark transfers are now included in Australia's new merger control regime. This means assignments, licences, brand acquisitions and even some royalty arrangements may now fall within the ACCC's mandatory notification requirements.

To make compliance smooth and predictable:

• map upcoming IP and brand transactions against the new monetary thresholds
• be especially mindful if your business (or its parent group) has significant Australian revenue
• track serial brand acquisitions, as cumulative activity may trigger notification requirements
• update internal processes so relevant teams flag potential ACCC issues early.

With these steps in place, brand owners can approach transactions with clarity and confidence, avoiding last minute surprises.

Build a "human input" paper trail for AI generated logos

As AI becomes more common in brand creation, a practical reality is emerging: AI generated logos generally aren't copyright protectable unless there's clear evidence of meaningful human involvement.

The solution is straightforward – keep a short record for each AI assisted design.

This might include:

• the prompts you used
• notes on choices you made (what you kept, rejected or refined)
• manual edits or adjustments
• brand strategy or creative rationale
• any additional design work done outside the AI tool.

This isn't about making things complicated, it's about keeping a paper trail that shows the human creative contribution behind the final logo. It will help with copyright protection, trade mark applications, licensing, and even future enforcement.

Give your "eco" trade marks a quick sense check

Environmental claims continue to attract attention from regulators, and this now extends to trade marks that use terms like "eco", "green", "clean" or "sustainable." Many of these marks are perfectly legitimate, they just need to match what the product actually does.

To stay on the safe side:

• make sure any environmental message in the trade mark reflects reality
• keep supporting evidence on hand
• avoid broad or vague "green" terms unless they're clearly substantiated
• revisit older marks if the product or manufacturing process has changed
• make sure marketing and product teams stay aligned.

The goal isn't to discourage ecobranding, it's to ensure your trade marks can stand confidently behind the claims they imply.

Strengthen your social media monitoring approach

Social media continues to be where brand misuse shows up first: from impersonation accounts to counterfeit listings to "dupe" content. The good news is that platforms now offer much better tools to help brand owners respond quickly and consistently.

Useful steps include:

• maintain a central "evidence pack" template for efficient reporting
• use built in platform tools (such as Meta's expanded reference image library and cross surface search features)
• apply third party monitoring tools to pick up misspellings, fake sellers and unauthorised logo use
• establish clear internal procedures for reviewing, escalating and acting on potential infringements.

This isn't about constant surveillance; it's about having the right tools and processes in place so you can deal with issues efficiently when they arise.

In summary

Protecting brand assets in 2026 doesn't require drastic change. It's about thoughtful updates that help your brand stay protected and adaptable.

By reviewing your classification coverage, screening IP transactions with fresh eyes, documenting human involvement in AI design, keeping eco marks accurate, and making good use of social media enforcement tools, you'll be well positioned to maintain strong, reliable brand protection in a dynamic environment.

Our trade mark experts in Australia, and throughout the Asia Pacific region, provide a range of services to keep your brand portfolio registered, protected and secure. Reach out to the authors or your Spruson & Ferguson contact whenever you require brand assistance.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.