Branding is the key to your customers’ hearts. It helps them remember the experience they get, building a memory indistinguishable from all other products and services. Not only does your branding uniquely shape your company’s reputation, but also calls for a substantive strategy in maintaining your IP rights in the market.
Consumer Recognition of Your Brand
Remember that your customers use your brand to categorize their choices. Branding shapes the perception of your customers by establishing your products and services’ relevance, quality, trustworthiness, and interest. It also fosters stability in your business, safeguards your investments, and expands your network.
As a business asset, your brand started from an idea, whether in a collaborative or a respective source. Either way, your brand constitutes intellectual property comprised of a word, phrase, symbol, or design that is meant to make consumers readily identify you, which is why it should be protected.
What are Some Legal Considerations For Your Business?
Brand development and strategy is the secret for some remarkable brands like Coca-Cola, Amazon, and Apple. As it involves thinking with the end in mind, this initiative holistically studies how your brand would provide a return of investment (ROI) through projecting its legal aspects.
1. Brand Name Selection: Marketable and Legally Protectable
In selecting a brand name, you have to balance formulating the best brand to roll out in product packaging and/or marketing with viability in obtaining intellectual property protection. In other words, it is best to come up with a name that is unique and memorable. You should consider discussing your proposed brand name with a trademark attorney as soon as you can to identify any potential issues early on.
2. Suggestions on Trademark Creation
- Select a mark that best suits as a trading name, domain name, and is applicable for trademark registration.
- Brands and slogans are ideal there are or plans for extended use in the market.
- Unique and memorable.
- A surname of an individual
- Known landmark or place
- Deceptively descriptive of products or services being offered
- Generic terms
3. The Use ® vs. ™ Marks
When using the “®” symbol, you are indicating that you have exclusive rights to your trademark and it is registered. Using “™” means your mark is in the actual market, whether registered or not.
4. How Do You Gain Trademark Protection?
You may lose trademark protection due to various factors — trademark cancellation, opposition, etc. But the root cause comes when it no longer distinguishes your product or services from your competitors. So, you have to avoid generic names that can be challenged. Instead, aspire to create unique brand recognition and dominance.
Consult with a Trademark Attorney
In protecting your brand, always think with the end in mind. As you gain profit, also ensure its protection against any forms of trademark infringement. When in doubt, we are ready to assess and protect your cost-effective steps in building a brand development and strategy suitable for your needs!