Protect Brands

Branding and Trademarks

Just as individuals express their individuality through their identity, so organisations differentiate themselves through their choice of name, logo, or house style.

Although branding is particularly important for consumer products, it is relevant to all businesses. The objective is to stand out from the crowd, and choice of brand name and other signs – slogan, logo, design of packaging being some examples - is one way of achieving a unique identity.

Distinctive names

The brand stands for something, it communicates many messages about a company. Many start ups fall into the trap of choosing very descriptive names, possibly because their main objective is to market their products or services directly through their name. So, a plumber may call the business, ‘Plumbing and Heating Engineers Ltd" possibly adding a geographic area, like North London. Later, as this business becomes more established it may regret its descriptive name - especially, if a competitor is also trading under a similar name. The shortcomings of a descriptive name are that it is not possible to stop competitors using the same name.

So choice of name is key. Descriptive name offers little brand value. A business with a more distinctive name is in a better position to prevent others free riding on its reputation. It could secure its brand identity through trademark registration. For most businesses the name is the most important element of their brand.

Ideally a name should be checked out and registered as a trademark before a business starts to trade.

How to brand your business

Once you have chosen a good name, the next step is to work out your unique offering. At some stage businesses may want to retain the services of branding consultants to help them develop their corporate identity through their brand. This may involve having a logo and stationery designed, and devising a tagline or slogan that encapsulates the essence of the business.

The objective is to arrive at an image or brand which will better help you to market your business. However, every aspect of a business speaks volumes about its brand, not just the traditional brand elements of name, logo, and tagline. Less obvious matters like your contracts (or lack thereof), office premises, and general style of doing business, will all have an impact. Creating a consistent image across your entire business - website, brochures, offices, correspondence, and staff – is the key.

What next?

Trademark, domain and design registrations are the most powerful way of protecting brand identity. Registering a trademark should be top of your list of priorities. Investing in a trademark is the equivalent of investing in land. Trademarks give you exclusive rights to your brand identity, and are important tools for capturing the value of your goodwill. If possible extend the registration internationally to protect key territories.

To learn more about trademark registration there is a wealth of material on this site – look under trademark or brands, and also under domain names, copyright, designs, and trade secrets.

Or see our Frequently Asked Questions on Trademarks