What influencer need to know before launching a personal brand
Social media has created a new generation of entrepreneurs. From beauty and fashion to fitness and food, influencers are increasingly transforming loyal online communities into successful businesses.
We've seen creators launch everything from skincare collections and clothing lines to cookbooks, homeware and subscription services. But while a large following can help drive sales, turning a personal brand into a sustainable business requires careful planning.
Protecting your Intellectual Property
Launching a product is exciting, but it's also the point at which creators should start thinking beyond likes, followers and engagement. Protecting Intellectual Property (IP), choosing the right business structure and understanding legal responsibilities are all key to building a brand that stands the test of time.
Many influencers begin by promoting products for other brands before deciding to create their own personal brand.
For example, Molly-Mae Hague successfully launched her fashion brand Maebe after years of building her personal profile. Likewise, Emma Chamberlain expanded her online presence into Chamberlain Coffee, while Mrs Hinch has built a business through bestselling books and product collaborations.
When a personal brand becomes a business
While these businesses differ, they all have one thing in common: they evolved from personal brands into commercial enterprises.
That transition raises important questions. Should you continue as a sole trader or establish a limited company? Are you protecting your brand properly? Have you considered tax, insurance and contracts?
Seeking professional advice early can help ensure your business is built on solid foundations rather than having to solve expensive problems later.
Your brand is one of the most valuable assets
Your business name, logo and reputation are often your greatest commercial assets.
One of the biggest misconceptions is that registering a company automatically protects your brand. In reality, company registration and trade mark protection are two separate things.
Registering a trade mark can help prevent others from using confusingly similar names or logos and gives your business stronger legal protection as it grows. We can guide you through this process.
Creators should also remember that copyright protects original content such as photographs, videos, written material and artwork. But if you're paying someone to design your logo, packaging or website, you may not actually own the intellectual property in the things that they have created for your business which can cause significant problems later on. We can help you to ensure that you have contracts that give you security and ownership.
How to protect your ideas
Whether you're designing clothing, cosmetics, accessories or homeware, your products may benefit from additional intellectual property protection.
Registered designs can protect the appearance of a product, while patents may apply to genuinely new inventions in certain circumstances.
It's equally important to protect confidential ideas before they're shared with manufacturers or suppliers. Well-drafted confidentiality agreements and commercial contracts can help safeguard your designs and clarify who owns what throughout the development process. Let us help you to start out with confidence by working with you to protect you from the beginning.
Running a business brings responsibilites
Selling products is about more than creating attractive packaging and marketing campaigns.
Businesses must comply with consumer protection legislation, product safety requirements and advertising rules. If you're selling online, you'll also need appropriate website terms, privacy policies and compliance with data protection laws.
Professional indemnity or product liability insurance may also be worth considering depending on the nature of your business.
Taking these steps from the outset not only protects your business but also builds trust with customers.
Collaboration should be backed by clear agreements
Few successful brands are built alone.
Influencers often work alongside photographers, graphic designers, manufacturers, developers, marketers and fellow creators. While these collaborations can be hugely valuable, they should always be supported by clear written agreements addressing all the legal requirements and everybody’s expectations.
Having these conversations early is far easier than resolving disputes once a product has become successful and there is much more at stake.
Don't be afraid to seek advice
Starting a business can feel overwhelming, but there is plenty of support available.
Professional advisers such as solicitors and accountants can help with business structure, contracts, intellectual property protection and regulatory compliance. There are also government organisations that provide guidance on company formation, taxation and intellectual property rights.
Obtaining advice before launching a product is often one of the most valuable investments a business owner can make.
As Ruth Smith, Consultant Solicitor at Pearson Solicitors and Financial Advisers, says:
"Influencers often invest huge amounts of time and creativity into building their personal brand, but many overlook the legal foundations that protect it. Whether you're launching your first product or expanding an established business, taking advice early about intellectual property, contracts and business structure can save significant time, money and stress in the future. Protecting your ideas isn't about creating barriers – it's about giving your business the best opportunity to grow with confidence."
Building a brand for the future
Before launching your next product, ask yourself:
- Is my business structured in the right way?
- Have I checked that my business and product name are available?
- Should I register a trade mark?
- Do I own the rights to my logo, branding and creative content?
- Have I protected my product designs where appropriate?
- Do I have the right contracts with manufacturers, designers and collaborators?
- Am I meeting my legal obligations to customers?
- Have I taken professional advice before going to market?
Launching a product is an exciting milestone, but the most successful creators recognise that they are building more than a social media following – they are building a business.
The influencers who continue to thrive are those who combine creativity with careful planning. By protecting intellectual property, choosing the right business structure and putting the right legal agreements in place, creators can focus on growing their brands with confidence.
Because while followers may discover your business online, it's the foundations behind the scenes that help ensure it's still thriving years from now.
Thinking of launching your own brand?
Whether you're developing your first product or expanding an established business, taking advice at the planning stage can help you avoid costly mistakes and protect what you've worked hard to create.
The Corporate and Commercial team at Pearson Solicitors and Financial Advisers advises businesses, entrepreneurs and creators on a wide range of issues, including trademarks, copyright, commercial contracts, business structures and intellectual property protection.
How can we help?
If you're thinking about turning your influence into a business or simply want to ensure your brand is protected for the future, our solicitors are here to help. Contact us on 0161 785 3500 or email enquiries@pearsonlegal.co.uk to discuss how we can support you at every stage of your business journey.
Subscribe to our newsletterPlease note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.