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Brand Protection is the way to grow your business. Here's how you start

June 05, 2020 - Posted to Job Interview

Content brand protection is the way to grow your business. here s how you start

Protecting a brand is something that every startup thrives on as it can comes to the sustainability. Sometimes, even all your efforts in starting a new business can turn futile, allowing the third party to exploit your brand. Therefore, you'll need to take the first step and get the online trademark registration done.

 

Since the trademark is geographical, you can apply only to a location from which you conduct the business. It is the only way to preserve your company's brand identity so that it remains exclusive for your market. You have a right to guarantee legal protection that restricts the exploitation by any third party. The business growth depends on the brand and, therefore, ensuring its security is an ideal way for sustainable development.

 

IP Security

 

A startup can choose to create a differentiator in the market, like using its logo, brand design, product patterns, or even branding colors. Big corporations such as Microsoft, Facebook, Google, Apple, etc. spend trillions of dollars on intellectual property to protect new technologies such as voice interactions.

See a few ways to leverage intellectual property rights for your company.

 

Logo

Trademark the logo by contacting the provider of professional services. They support you throughout the registration process while ensuring that any other company does not use your registered mark.

 

Tagline 

The word arrangement cannot be trademarked, but instead, you can sign your tagline as a tagline for your brand. Some expectations need to be met when attempting to record a slogan like to keep it innovative and distinctive.

 

For starters, "Just Do it." Nike's ideology of embracing obstacles is distinctive enough to convey its tagline. On the other hand, the tagline like "Go Green" label cannot be marked by an Environment Group as it is too ambiguous and diverse.

 

Colour Mark Protection 

Take the popular destination wedding brand Destify as an example, who utilized a graphic designer to pinpoint a specific color for their logo uniquely used amongst any similar wedding brands or travel brands in their industry.

 

Understand that colors are not a part of the trademark definition. However, after 1995, businesses were able to label a single color or even the combination of several colors to register a trademark. It requires commodity color labeling, facilities, and packaging aids to identify the source and not used only for decoration purposes.

 

Drafting an NDA for Brand Protection

Often intellectual property rights cannot be exercised to defend a business concept. Instead, you can legally prohibit the use of your concept (by others) in any way by using the Non-Disclosure Agreement (NDA). Naturally, startups create a whole new differentiator in the market, and so it is only logical to sign it with developers and employees.

 

The non-disclosure agreement binds two or more individuals to an arrangement that indicates who shares important business data with whom and with whom the information may not be shared.

 

Many businesses believe that everyone, including investors, should sign the NDA, but others agree that this is always a tricky move. Since investors must listen to several ideas and assess the appropriateness of ideas, they must compare them to others and discuss them.

 

Using Copyright for Branding Elements

The only way is to protect the brand by registering the copyright, enabling the owner to use the authority and right to prevent others from using it. Other individuals and corporations neither develop nor can reuse or replicate a derivative work with branding elements. The approved owner may allow any person to use such a copyright mark by way of licensing it in return for money or any other earnings. On the other hand, for work, which is a type of brand name, slogans, a single sentence, or any creation, there is no copyright protection.

 

Claiming the prior usage with a proof

It may happen that two or more brands seek registration of the same mark as a trademark. In situations where identical trademarks are already in use, the conflicts are likely to happen. If your startup brand ever engages in a dispute with another brand that has merely applied for the same trademark or the like, it has previously used the same brand that gives your brand a higher hand. A few brands have won many cases by claiming prior use even of large brands. There are a few trademark cases businesses should learn from, especially when it comes to demonstrating the proof of prior use.

 

There are ways of presenting signs of previous use and saying you were the first to publicly use it. It also reveals the exclusiveness of using this logo before others on the market.

 

Applicable proof include:

• Invoices for each year you used the label.

• Proofs in the form of posters, newspaper advertisements, flyers, or something testament mass distribution.

• Digital media presence, including websites and other outlets advertising brand-named services/products.

• Any non-printed promotional content such as radio advertisements, TV/Internet ads, and social media images, etc.

• Legal trademark registration certificate is also strong evidence.

 

Conclusion

Branding is critical to achieving brand awareness and sustainability, so you better remain vigilant against any possible infringement of your brand. Establish a differentiating factor through a trademark and employ IP professionals to protect it, as do creators capable of creating copyrights. The idea is not to allow the brand to penetrate externally.