Brand Protection Strategy
Brand protection strategy begins when you choose a name or sign for your business.
Many businesses first decide what they want to create and assume brand protection is something to think about later, when it's time to register a trademark.
In reality, the two should go hand in hand.
When developing a brand, the focus shouldn't simply be on what looks or sounds good. It should also be on whether the elements that will identify your business are legally available, distinctive and capable of being protected.
Leaving these questions until after you've committed to a name or logo often means discovering too late that changes are needed. Once a brand has been launched and customers have started to recognise it, changing key brand elements can be costly and disruptive.
That's why brand creation and brand protection should be considered together, before important decisions are finalised.
What can identify your brand?
The signs and symbols that distinguish one business from another can take many forms. For example:
- A name, such as Google.
- A stylised logo, such as the IBM logo.
- A graphic logo, such as the Nike Swoosh.
- A distinctive font or lettering style.
- A tagline, such as Just Do It.
- A character or mascot, such as Colonel Sanders.
- A distinctive shape or symbol, such as McDonald's Golden Arches.
- The shape of packaging, such as the Coca-Cola bottle.
- A sound, such as the Intel Inside chime.
- A colour, such as Tiffany Blue.
Understanding which of these can be protected, and when, will help you make better branding decisions from the outset.
Not all brand elements are treated the same
One of the most important things to understand is that some brand elements can be registered as trademarks before they're ever used, while others cannot.
Business names, logos, slogans and many graphic devices can usually be protected before launch. This allows businesses to invest in their branding knowing they've secured rights in the identifiers they intend to use.
By contrast, colours, sounds and the shape of packaging generally need to acquire distinctiveness through use before they qualify for trademark protection. In other words, consumers must already recognise those features as identifying your business.
If these are central to your branding, it's worth planning for that from the beginning.
Brand protection considerations don't just affect whether you can obtain a trademark. They also influence how easy your brand will be to protect in the future.
A distinctive name is generally easier to enforce than one built around a common dictionary word. That's because ordinary words are naturally more attractive for other businesses to use, increasing the likelihood of disputes.
This doesn't mean you should never choose a descriptive or familiar word. It simply means you should understand the long-term implications before committing to it.
An example of the consequences of overlooking these issues is Tesco's Clubcard, which I discuss in my blog, A Million Pound Mistake.
Don't overlook international protection
If you plan to trade internationally, brand protection should form part of your strategy from day one.
Trademark laws differ from country to country. While a name may be registrable in the UK, other countries may raise objections if it contains a word that's already used in earlier trademarks. In some cases, you may even need the consent of the owner of an existing registration before your application can proceed.
These are issues that are much easier to address while you're still developing your brand than after you've invested in building it.
Don't leave brand protection until after your brand has been created.
By then, changing course may be expensive, disruptive or simply impractical.
Instead, think about protection while you're choosing the signs and symbols that will represent your business. A brand that's distinctive, available and legally protectable gives you a much stronger foundation for future growth.
If you're developing a new brand or considering trademark protection in the UK or internationally, get in touch with Azrights.
