Brand Protection: What Do You Need?

Brand protection is the process and actions that a rights holder can take to prevent third parties from using its intellectual property without permission or license.  Misuse or abuse of a brand can lead to financial and reputational harm, and often results in loss of trust from customers and the wider public.

The process of creating and securing a brand can be a complex process, but there are a few essential steps to take that will help protect your brand later if you do find that it is being misused or copied.

Registering and managing your intellectual property should be done at the outset, before the brand is launched.  Once an unregistered brand is out in the public domain, there is a risk that it could be copied and registered before you can complete the registration and, therefore, protection.  This stage in the process requires that those involved carefully control the distribution of sensitive information, both internally and externally.  In large organisations, these processes involve collaboration across functions, departments, and geographies, and could also involve external agencies, such as customs, law enforcement, and industry partners.  The 2010 book, “Countering Counterfeit Trade”, surveyed 45 individuals who responsible for their organisation’s anti-counterfeiting activities, and found that the most effective organisational measures use to combat brand fraud were strategies that deal with supply chain integrity, and those that secure distribution channels, so choosing trustworthy partners to work with is essential.

The enormous increase in internet and social media use over the last ten years has introduced new challenges for those working to secure their brands.  It’s relatively easy for small groups of people, even individuals, with malicious intent, to clone a website so accurately that the average consumer would not realise that they’re shopping from a site that’s selling counterfeit goods.  Recent research by Sapio reported that 52% of [US-based] consumers lost trust in a brand after purchasing counterfeit goods; although the rights holder would not be responsible for these incidents, consumers do feel let down by brands despite they, themselves, being responsible for their purchasing decisions.

At Aughton Ainsworth we have a proven track record in working with clients to help with brand creation through to ensuring the protection and integrity of their brands.  Our experience includes copyright, licensing, patents, and the international registration and enforcement of trademarks.  To discuss your requirements, please contact Andy Williamson (andywilliamson@aughtonainsworth.com) or John McMuldroch (johnmcmuldroch@aughtonainsworth.com).