Brand protection is important for any business. Without the proper brand protection processes in place, a business’ brand may become weakened or lost
The Brand
A brand is a symbol, mark, logo, name, word, or group of words that distinguishes a business or its product from others. A brand identity is developed once a consumer perceives a certain experience being associated with the business or its product. The brand adds value to the business by making the business or product easily identifiable and increasing loyalty by consumers.
Legal Protections
The brand itself can be registered under trademark law to receive protection under the law. The trademarks for the brand include, but not limited to:
- Word: “Nike”
- Logo: The Nike “Swoosh”
- Slogan: “Just Do It”
- Domain name: Nike.com
Parts of the brand may also receive protections under the law through certain registrations or processes:
- Trademark: Trademark protection can be registered at the USPTO for the identity that makes the brand distinctive.
- Trade dress: Trade dress protection can be registered by under trademark, copyright, r design laws for the overall visual appearance of a product or packaging.
- Copyright: A copyright can be registered for the creative parts of a brands including, but not limited to, original literary, artistic, and scientific works.
- Patent: A patent can be registered at the USPTO for inventions developed by the brand
- Trade Secrets: A trade secret of the brand can be protect by putting certain trade secret protections in place.
Using the Brand
Once the brand has been created, it is important to use the brand and use it properly. If a brand is not used or is not used properly, the brand may be weakened over time. Different ways to use to a brand include:
- Developing and enforcing brand guidelines: Brands generally have guidelines when others use the brand, especially when the brand is licensed to others. The guidelines provides information on how to use the names properly either by itself of when used in sentences. In addition to having brand guidelines, the guidelines should be enforced. If a brand does not enforce their brand, the brand becomes weaker. For example, a brand licenses its trademark to another company but the brand owner does not care how the licensee is using the trademark, the brand owner may lose protection in the legal system.
- Continuous use of the brand: The brand should continuously use the brand name. If a brand is not being used for a period of time, it may be considered abandoned.
- Use public notices: Public notices for trademarks and copyrights should be used to put the public on notice that the brand is being used. More information can be found here.
- Renewing any registrations: A brand should make sure to comply with any renewal requirements for their registrations.