How to Protect your brand identity with trademarks?
The success of a business often hinges upon having an impressive brand identity that resonates strongly with its target customers. It may not take long for a business to fizzle out if it fails to develop a brand identity.
A well-established brand is easily recognised by customers, helping the businesses to build customer trust and loyalty. However, competitors may try to ride the coat tails of your brand reputation and exploit the fruits of your marketing efforts.
This is where trademarks become a key cog in your brand wheel. Businesses can save their brand from infringement by registering the brand name, logo or slogan as trademarks. In essence, developing a strong brand protection strategy using registered trademarks is key to ensure strong brand reputation and business success.
In this blog, you can learn how to develop brand identity and protect it with trademarks:
What Is Brand Identity and Why It Needs Trademark Protection
Brand owners want the public to view their brand in a certain perspective and this is called brand identity. Brand identity is the way a business communicates its values, promises and personality to customers.
Brand identity is a critical component of brand strategy, and it stems from a company’s mission, vision, history, name, unique value proposition, personality, visual identity etc. Brand identity essentially defines how these foundation elements of a brand are communicated to the public.
Brand identity usually includes the following common elements:
- Brand name
- Catchphrase or slogan
- Colours or graphic elements
- Logo or word mark
- Tone of voice
- Style and typeface
- Mission statement
- Brand values
Brand Identity vs. Brand Image: What’s the Difference?
While brand identity is how a company identifies itself, brand image is the customer’s perception of the brand. Brand owners can control their brand identity with an effective brand strategy built around visible elements like logos, slogans, brand names etc.
However, you can have no control over the brand image as it is up to the customers.
For example, you are selling dates and claims they are the best in the country. This is your brand’s identity created by you.
If the dates you sell happen to be of inferior quality, it contradicts your claims. The customers may start perceiving you as the maker of low-quality dates. When you fall behind your claims, your brand image takes a blow.
You must deliver on your promised to have an impressive brand image and to ensure your brand reputation is not at stake.
Why Strong Brand Identity Matters for Business Growth
Building an effective brand identity is essential for establishing a strong connection with your customers. Big brands like APPLE, NIKE and COCA-COLA invests billions to develop, maintain and protect their brand identities.
That is why they continue to rank among the top brands in the world. The benefits of developing brand identity include:
- Increase in customer trust
- Better brand recognition
- Good brand reputation
- Increase in customer loyalty
- Consistent sales
- Better credibility for the products or services
Brand vs. Trademark: How They Work Together
A trademark is different from a brand even though we often use them interchangeably. A trademark offers legal protection for brand names, logos and slogans while a brand refers to the overall perception and value of a business.
Trademark is a legal concept, and brand is a marketing concept. A brand doesn’t provide any legal recognition for the company as it is used for marketing purposes. On the other hand, trademark provide legal recognition for a company’s products or services.
Trademark Protection for Brand Identity: Why It’s Essential
Building a strong brand identity is critical for businesses to be more successful in highly competitive markets. Customers tend to be loyal to trusted brands, which underscores the importance of creating an effective brand identity.
However, brand elements such as names, logos and slogans can be used without the owner’s permission. Customers will be confused by products or services having similar names. Registered trademarks give you the legal power to prevent your competitors from unauthorised usage of your brand assets.
Here's how trademark protection strengthens your brand identity and adds legal power to your business:
- Registered trademarks offer you exclusive rights to use your brand name, logo or slogan
- If you have a registered trademark, you can prevent others from using your brand assets without consent
- A registered trademark adds value to your brand. When your business grows, the value of your trademark increases, and it will help you attract investors, potential buyers, and partners.
- Trademarks help you distinguish your products or services from that of your competitors
- A registered trademark can help you seize counterfeited goods through border measures (recording trademarks with the customs authority)
Trademark Tips to Strengthen Your Brand Protection Strategy
Since trademark is a legal concept, its registration is governed by the IP laws of the relevant jurisdiction. It means brand owners need to understand certain legal requirements to ensure complete brand protection. Here are some of the essential trademark tips to strengthen your brand protection strategy:
- Select a strong and distinctive trademark (example: APPLE, KODAK, NETFLIX etc.)
- Avoid generic and descriptive trademarks (weak marks)
- Do not choose trademarks that are prohibited by the trademark law of the relevant jurisdiction
- Ensure your chosen mark is not identical or similar to existing trademarks (A trademark search can be carried to ensure your mark is not similar to other marks and also to avoid the resulting rejection)
- Select an appropriate trademark class from Nice Classification that accurately matches with your product or service
- Actively monitor your trademarks to detect trademark infringement or find out the presence of counterfeit goods
- Once the registration is complete, use the registered trademark symbol (® an R with a circle) wherever your brand name appears (product package, social media etc.)
- Never use the trademark as a generic term for your product as your trademark will lose its distinctiveness later (example: give me a KLEENEX)
Get Help with Trademark Registration for Brand Identity Protection
Developing a strong brand identity is pivotal for any business to ensure business success in today’s competitive world. However, your brand assets will not have any legal weight if they are not protected through trademark registration in the countries where you wish to operate your business.
Abou Naja Intellectual Property’s experts will work with you to establish comprehensive trademark protection for your brand across all major jurisdictions. We are a leading IP firm with more than five decades of experience in services related to trademarks, patents, copyrights, plant varieties, and industrial designs.
We have solutions for any complex IP problems. Drop an email at [email protected] to receive robust IP advice.