How To Build A Strong Brand Identity For Your Venture Protected By IP

Protecting brand assets with IP

A commercially relevant brand identity can be protected using a mix of IP rights, depending on the business objectives of the company. Sometimes different IP rights allow not only to maximize protection on the various brand assets, but also to generate revenue with IP.

Building a strong IP strategy for a brand means balancing between protection and sound IP investments. Generally, it is important to prioritize IP protection in markets where the venture plans to make / manufacture products, where they plan to sell, and where competitors are based.

Brand assets and trademarks

Trademarks can protect product and feature names, logos, slogans, (including symbols and fonts), shapes, colors and similar brand assets.

Depending on the market where they are filed, they usually last 10 years and can be renewed indefinitely as long as they are used.

To build a brand that grows together with a venture, make sure to:

• Use a search engine and visit the Global Brand Database to make sure it’s new
• Double check languages and synonyms to ensure it’s not offensive
• File a trademark that allows for design changes later
• Consider filing under multiple Nice Classification classes to cover both current and future product or service categories

Brand assets and copyrights

Copyrights can protect the artwork, images or music, as well as the content of websites, brochures and ads that are used to promote the brand.

Protection of brand assets is limited compared to other IP rights, but very cost-effective as protection is automatic in most jurisdictions since it arises the moment an original work is created and fixed in a tangible form. Depending on the market, copyrights can last for the creator/author’s life plus 50 years at least. Ventures should also ensure that IP ownership is clearly assigned to them through contracts when working with designers, agencies, or freelancers to create materials for the brand. Otherwise, the creator may retain rights by default.

Brand assets and design rights

Design rights can protect graphic symbols, icons or shape of the products and packaging. Contrary to patents, design rights protect the “look” and not the function of a product. Depending on the market, design rights can last for about 10 years and can be renewed as long as they are in use.

Ventures may use a mix of IP rights including trademarks, copyrights, and design rights to strategically protect their brand. Obtaining IP protection for a brand is essential for ventures to maximize the brand value and generate revenue. Hence it requires to carefully select a novel, distinctive, and scalable trademark, and register it across relevant NICE categories. Obtaining IP protection on commercially important markets is a key strategy for ventures to build a strong and futuristic brand identity that grows alongside the business.

Building your brand identity

Building a brand identity entail focusing on both the visual and non-visual elements of the branding, such as logos, font, pictures, colors and key words or language that consumers will see and associate with the venture and/or the product of the venture.

Once the visual and non-visual aspects of the brand identity are created, it’s important to ensure full ownership of the brand before any full commercial launch and investment. To seize full market potential of the new brand, make sure to:

• Double check if the brand name or logo is offensive in foreign markets or languages
• Visit the WIPO Global Brand Database to ensure no similar names or entities have been registered
• Include IP terms in any contract with suppliers who developed the assets (e.g. graphic designers, web developers, etc.) that assign all brand elements’ IP back to the venture.

Defining IP-smart brand guidelines

Brand guidelines are the rules that keep brand identity consistent across all platforms. They cover how to use a venture’s logo, colors, fonts, as well as the tone of voice and messaging. These guidelines help your venture build trust and consistency with users, consumers and partners.

Brand guidelines explain how a brand should be used within a company and with 3rd party partners to ensure consistency. Below some tips on how to build an effective brand guideline:

• Introduction – provide a brief overview of the venture mission statement
• Logos – include guidelines and examples of approved logo-and-background colour combinations, sizing and placement requirements.
• Typography – include font requirements and examples of minimum and maximum font size, leading and tracking.
• Tone of voice – describe your target audience and include any features that could be important for communicating with this audience.
• Colors and images – include detailed guidelines on color schemes, including all the codes required and typical applications for each color.

When does a venture need brand guidelines?

Below some examples of cases when a venture will need to include brand guidelines:

A brand identity that evolves with business growth

Any venture that grows will have to review its IP portfolio and brand guidelines regularly to reflect changes in the direction of both visual identity and business direction. Below some examples of how brands may evolve together with its ventures:

• Changes to the visual identity: any changes need to be updated in IP protection (e.g. trademarks) as well as in the brand guidelines shared with internal and external partners.
• Changes to products: any new products or services may require a new brand, or updated IP protection as some IP rights (e.g. trademarks and design rights) are linked to industry classes.
• Changes to geography: as the venture expands and works with new partners or manufacturers internationally, it’s essential to update IP protection accordingly.

Remember, your brand is your reputation. As your venture grows its IP portfolio expands, the brand IP assets and guidelines must be reviewed and updated accordingly. Outdated IP protection can lead to inconsistent branding, missed protection, or unintentional infringement by partners acting in good faith. Treating brand guidelines as a living document ensures that both internal teams and external partners are always aligned with the most current and legally protected version of the brand.