When creating a company, whatever it may be, the biggest concern of an entrepreneur is the separation of their product or service from everything else that is offered in the market. In a world where it seems that everything has already been invented, it is essential to have a value proposition regarding the unending competition that exists in any economic sector.
The brand concept is usually exclusively associated with a logo or a name. However, it is much more than that.
What many do not know is that they will be able to offer a different product or service, which implies competitive work and investment in all elements that make up a BRAND. The brand concept is usually exclusively associated with a logo or a name. However, it is much more than that. If you are an entrepreneur, you know better than anyone that the brand concept is about the decisions of image, concept, words, and quality that make what you sell unique from what is on the market. Your brand is composed of every decision and strategy made and used, and that is what makes it stand out.
Since this is such a fundamental concept, every successful brand has a team behind it that puts in a great effort to achieve good positioning. When it does, it attracts consumers.
Think about it, why do you think that when you need a tissue, you ask for a Kleenex, or when you see a yellow “M”, you think of McDonalds?
In some companies, their most valuable asset is their brand, and they know that they must protect it relentlessly. Anyone who creates a brand, and is clear with what they want, can go far with their value proposition. They must also think about how to protect and defend what will become one of their most valuable assets. Creating and positioning a brand is not an easy task, and therefore, the best thing to do is avoid anything that puts the work at risk.
A lawyer’s job, regardless of their focus, is to eliminate or reduce a real or potential risk. That is what we are dedicated to. So, what risks are there when creating a brand?
In most cases you will have to start by registering with a government authority that guarantees the brand you are using is yours, and that no one will be able to imitate or create something similar that confuses your consumers.
The answer to this question depends on the moment it is found. For example, if you have not yet started to use your brand in commerce, but you are thinking of doing so, your greatest risk is that there is already a third party with a concept similar to yours. On the other hand, if you have been using your brand for a while and have achieved good positioning, the most visible risk may be that someone else tries to imitate you, and your customers may confuse you with them. Your brand may have also not achieved the impact you were looking for, in which case your biggest risk is to continue investing time and money in a proposal that would not work.
A successful brand seeks to attract a group of consumers. Brand protection seeks that the consumers attracted do not confuse two products or services and can differentiate them from each other.
How is it protected? This depends on your jurisdiction, but in most cases you will have to start by registering with a government authority that guarantees the brand you are using is yours, and that no one will be able to imitate or create something similar that confuses your consumers. In reality, it is a practical and simple solution that can save you a lot of money and work. This is because it prevents you from investing in a brand that will not work, it prevents any of the risks from materializing when positioning, and it eliminates the risk of eventual infringement litigation to Intellectual Property.
If you are just starting off with your brand, take advantage! This is the ideal time to protect yourself because there is no risk created yet. You can start positioning yourself with peace of mind of not having problems later. On the other hand, if you already have a track record with your brand and you are not yet protected, do not wait too long. The passage of time only increases the risks. Look for a lawyer or professional in Intellectual Property who has enough knowledge to help you. And, if you already have your trademark protected: Congratulations! You have a possession of great value that you can grow without worry.
Regardless of where your brand stands, at J Kelley Law Group, we are here to help you protect it. If you require advice on Intellectual Property issues or trademark protection, do not hesitate to contact us, and we will be very happy to accompany you in your growth.