Launching Your New Product? Don’t Forget to Protect the Trade Mark

Posted on July 31, 2025

Andrew Clemson. Partner. Cleveland Scott York. Chartered & European Patent & Trade Mark Attorneys

For many SMEs and start-ups, IP is considered only after product development – or worse, after a conflict arises. In the space sector, where collaboration is global and the pace of innovation is rapidly ramping up, early and strategic IP planning is critical.

The role of patents and trade secrets in protecting technical innovations is relatively well-known. However, one often overlooked aspect of IP strategy in the space industry is the role of trade marks.

For businesses in the supply chain, launching payloads, or developing space-enabled services, establishing and protecting your brand, both on Earth and potentially beyond, is a step you cannot afford to ignore.

A trade mark isn’t just a logo – it’s your commercial identity, your reputation, and your legal shield. In practical terms, a registered trade mark gives you the exclusive right to use your name or logo in connection with your goods and services. It also helps deter copycats, secure investor confidence, and position your business for international growth.

The boom in In-Space Servicing, Assembly, and Manufacturing (ISAM) means that commercial activity has expanded beyond Earth and the new market in low Earth orbit (LEO) already exists. The advent of private space stations and space tourism mean that even traditional FMCG companies now need to consider the brand protection implications of the new LEO market.

Is your business well-positioned to take advantage of the opportunities and guard against the risks appearing over this new horizon?

Our territorial and terrestrial IP systems struggle with the concept of protecting trade mark rights in LEO (and beyond) and urgently need to be updated. However, in the meantime, there are proactive steps that businesses can take within the existing legal framework.

The best strategy will be bespoke to each individual business but a solid starting point would be to secure protection in jurisdictions:

where your competitors operate; and
from which infringing goods are likely to be launched (i.e. exported) to LEO; and
where ground stations and/or users are positioned; and
which are listed as the “State of Registry” for relevant space objects on the UNOOSA register.

UK space SMEs are some of the most innovative players in today’s commercial space race – but to win this race you need more than great engineering. You need defensible innovation, a clear identity and a trusted reputation.

Whether you’re operating satellites or simply exploring LEO as a new commercial channel, understanding the future of IP in space is no longer theoretical — it’s urgent, strategic, and actionable.

If you would like to discuss your IP strategy in detail, please contact Andrew Clemson (a.clemson@csy-ip.com) or Nic Jones (n.jones@csy-ip.com). You can also find additional detail about Cleveland Scott York’s services at the Space East Business Directory: https://spaceeast.co.uk/business_directory/cleveland-scott-york-llp/.