designing of branding strategy requires considering the legal perspective in branding. In this topic, student will see how important legal factors are in designing branding strategies.

1. 1
Legal Perspective in Branding

2. Introduction
2
 “Branding” has become the buzzword in almost every industry.
 When consumers hear the word “brand” they typically relate it to
traditional companies, product lines and services such as Pepsi,
McDonalds, IBM, Apple, Mercedes, Ebay, Google, and AT&T.
 But recently the term has become more common when describing non-traditional
commodities, such as the promotion of celebrity empires
entertainment series and other unique ventures .
 A brand represents a feeling or sensation evoked by seeing or hearing
the name (or seeing the logo).

3. Legal Points
3
 There are legal points to be considered at two different stages in the
brand management process. The first stage is in the process of creation
of a new brand, the second is the management of existing brands,
especially during company transformations.
 Two main questions to ask when a new brand is being created and
defined –
 1. Can you use it safely?
 2. Can you protect it?

4. Brand protection
4
 Brand protection involves various areas of law
 Contract law (licensing, sales, joint ventures, NDAs),
 Business law (holding companies, asset protection strategies)
 copyright law (protecting creative designs in a logo)
 Constitutional law (first amendment vs. defamation)
 Right of publicity law
 Foundation of protecting a brand is trademark law.

5. Trademark
5
 A trademark is a word, symbol, phrase or other feature that identifies a
particular producer’s good or service in the marketplace, such that they
are distinguishable from the goods or services of others.
 There are myriad of issues that may need to be examined when
determining the best strategy to obtain and maintain protection for your
trademark.
 Such as researching the existence of conflicting common law
trademarks, deciding whether to submit an intent-to-use, supplemental,
or principal application, or apply for a standard character or stylized
trademark.

6. Trademark law and your Brand
Protection Strategy
6
 Each issue can have an impact on the scope of your protection so make
sure you retain an attorney who is well versed in trademark law to help
you navigate through the issues.
 In the interest of keeping this blog concise, I will suggest that you
discuss the details of trademark law and your brand protection strategy
with your attorney

7. Register Your Trademark
7
 If eligible, register your trademark with the United States Patent and
Trademark Office (USPTO)
 This is evidence that you own the trademark that supports your brand
throughout the United States, it can be used as the basis to obtain
international protection
 It allows you to collect additional monetary damages in court if you
have to sue someone who infringes on your rights.

8. Register Multiple Domain Names
8
 Coordinate the timing of your trademark registration with capturing
desired domain names
 It can avoid having to deal with an unscrupulous domain grabber who
will undoubtedly demand a large fee to sell you a domain that contains
your brand name.

9. U.S. Customs & Border Protection
9
 The CBP maintains a trademark recordation system for marks
registered with the USPTO.
 Record your trademark with them if your brand is associated with a
good.
 This will help prevent the importation of illegal goods that bear your
brand name.

10. Protecting Your Brand Investment
10
 Broadly speaking, you get rights in your brand, that is, the power to use the
law to stop someone else from getting too close to it, in two main ways.
 One is by using it to such an extent that you can convince a court that the bad
guy will cause significant confusion, especially amongst consumers.
 Two, by registration under the Trade Marks Act 1953. The common theme
though is that if you hang your hat on a brand which is too commonplace, too
descriptive, too much like other brands already in the market.
 A court is much less likely to listen to an argument from your business that
someone else should be stopped from using the same kind of words, picture
or package.

11. Take Proactive Measures.
11
 It is very important that you take proactive measures to avoid weakening
your rights in your brand.
 You should periodically monitor your industry to make sure there are no
“confusingly similar” brands emerging.
 If you do find one, then you need to immediately send correspondence,
such as a cease and desist letter, takedown notice, or letter challenging
unfair keyword advertising.

12. Legal Remedies
12
 When all else fails, there are always legal remedies.
 If applicable, it is less expensive than litigation to initiate a proceeding
with the Trademark Trial Appeals Board (TTAB)
 Such as an opposition to an existing trademark application or a
cancellation proceeding if someone registered a confusingly similar
mark with the USPTO
 It does not consider the fact that you used your brand prior to its
existence.

13. Purpose of building your brand
13
 It is to reap the benefits that a successful brand brings
 licensing
 extension
 Sponsorships and
 endorsements opportunities
 Properly protecting your investment will ensure that you will realize the
fruits of your labor.

14. 14
Thank you