Strategic Branding – Protecting your IP
The most valuable assets in a business are often the intangibles surrounding reputation, brand and other intellectual property. Often these assets are the point of differentiation between competitors.
When we are asked to create a brand for our clients we always advise that the mark/s we create are professionally checked for availability to be registered / trademarked.
We also point out the importance for the business to understand now the new mark we have created sits within the business structure, and feel secure in the fact that there is suitable protection and defence of these new marks, with an appropriate structure in place to hold the IP.
It is our job as the creatives of the new marks to ensure that our clients have the appropriate setups in place to avoid any time consuming and costing disputes over brands down the track.
The consequences of not taking steps to protect a brand can be severe. In some cases businesses run the risk of:
1. Losing any rights which they may otherwise have had in the brand
2. Infringing the rights of others which could mean the business: is sued and has to pay damages, can no longer market, sell under or use the exisitng brand or suffers the embarrassment of having to re-brand and /or withdraw a product from sale.
3. Not capitalising on the value of its intellectual property, particularly for borrowing purposes or on exit or sale.
At Brio Group we use and recommend Mullins Lawyers and work closely with Andrew Nicholson. If you would like to find out more about what Mullins can do to help protect your IP email Andrew on anicholson@mullinslaw.com.au
Yours in strategic branding,
Belinda
