Branding & protection
Branding
It’s the word on every marketing guru’s lips, and in today’s competitive environment, many of our corporate big guns would be sunk without it.
Yet few small and medium sized enterprises use joined-up thinking when it comes to creating and protecting their brand image.
The key is to think laterally, and consider the whole spectrum of intellectual property – or ‘IP’, as lawyers have snappily branded this area of the law.
Trade marks
Take trade marks, for example.
Businesses rely on these to flag up their goods and services to customers, and hopefully provide a seal of quality. A trade mark is any sign that distinguishes the goods and services of one trader from those of another. It may include words, logos, pictures, sounds, colours, and even smells, or a combination of any of these.
What’s in a name or mark? Well, just about everything, when it comes to reputation. Trade marks have great power in the market place. It’s obvious when you consider the difference between receiving a gift from Harrods and one from A.N.Other department store.
So it makes sense to promote and protect your trade marks, and that means applying to have them registered at the Patent Office.
There is such a thing as an ‘unregistered trade mark’: that is, a business can acquire IP rights in a name or mark that it applies to its goods and services, without registering. But these provide more limited protection, and must be enforced by bringing an action known as ‘passing off’.
It is advisable, therefore, to try to secure a registered trade mark, wherever possible. To be registrable, a trade mark must be distinctive for the goods or services which you are applying to register it for, not deceptive, or contrary to law or morality, and not similar or identical to any earlier marks for the same or similar goods or services.
It can cost as little as a few hundred pounds for a lawyer to search the register and provide an opinion on the feasibility of getting a proposed trade mark registered. After that, if there are no complications, applying for and finalising the registration costs around £650+VAT in legal fees, plus disbursements which are payable to the Patent Office.
It’s money well spent. Your business will then be in a strong position to protect its brand and ensure competitors do not encroach on your hard-won trading reputation.
Whilst reviewing your trade marks, you might also check you’re in the best possible shape across the whole IP spectrum, which includes copyright, design right, database right, and patents.
Confidentiality agreements
Confidentiality agreements are another useful tool. If you have a novel business idea, and you want to discuss it with potential business partners without competitors being free to filch it and make money from it themselves, a confidentiality agreement can help prevent the idea being exploited commercially without your permission. With one in place, you would be able to apply for an injunction to protect the future profits of your brand.
Websites and software
Once names, signs and know-how – the apex of branding – have been protected, perhaps the next aspect of your brand package to consider is your Internet profile.
It may be possible to register your registered trade mark as an Internet domain name, to deepen your brand’s potency online. Also, consider registering domain which are similar to that of your trading website, but with a range of suffixes (eg .net, .biz, .coop) and provide links between these so that potential customers can find you via various routes.
A professionally designed website can cost as little as £1,000, but I would recommend going the extra mile and obtaining advice on the legal aspects of online trading, so that your brand is fully compliant with the law in cyberspace.
For example, are you processing and storing customers’ personal details? Does your website have a privacy policy, and terms and conditions of use? Is it compliant with the Data Protection Act, the distance selling regulations and e-commerce regulations? Are you and your brand sufficiently protected by disclaimers? Timely legal advice can be a godsend.
And, if your business (and, therefore, your brand) relies ultimately on complex software that has been authored by someone else, it’s important to obtain expert advice when negotiating your IT contracts so that you have adequate control over any essential computer operating systems.
Wise investment
So, branding has many aspects. There’s no substitute for thinking globally so that your trading image is condensed in a unified, corporate image, and your invaluable IP rights are protected as far as possible.
Amid the financial pressures that all businesses face, spending money to shore up your brand may seem a luxury. But in reality, it’s a wise investment that will pay dividends over time.
