Tania Phipps-Rufus LL.B, LL.M, offers her tips and advice on how to make your brand your own.

With advances in technology, changes in the economy and the ability to communicate almost instantly, the playing fields are greatly changing for brand owners, who are being called to ‘step up! Or get left behind?’ With the internet opening up inroads for doing business, the creation of new industries and changes in the way people are interacting, and companies/consumers are doing business. An increasing amount of time and focus is shifting from tangible to intangible assets, and as such, an equal amount of enthusiasm needs to be given to its maintenance and protection.

Whatever you’re in the business of creating there are a few simple strategies that you can employ to one; truly make your brand your own, and two, ensure that you are moving with the times. Such a strategy should embrace a number of different approaches. And start well before you give others a chance to realise that you are onto something.

Here are a few simple strategies that will help add long term value to your innovation, creative and branding process.

Trademark your brand, “Even the biggest company on the internet, Google, was unable to use its ‘Gmail’ brand in the UK because someone else already owned the name.” If you haven’t already done so, trade marking your brand is the way forward, not only will it give your brand recognisable consumer credibility, it also prevents competitors from using the same or similar trade marks on the same or similar goods. Trademarks must be renewed 10 years from the filing date and every 10 years after that, to ensure that you keep them in force. There is no limit to how long you can keep your mark registered. You may choose not to renew it, or voluntarily surrender it at any time.

Your use – If you have a brand or logo, whether you have registered it as a trademark or not, use it consistently and show everyone that you are claiming exclusive ownership of it. For example, the letters ™ indicate an unregistered trademark! A name or brand that you are in the process of registering or for whatever reason cannot as yet be registered. © Copyright and ® for registered. Another point to take note of is, brand dilution, make sure you brand is not being diluted by incorrect use, if you have a certain logo, make sure you use it consistently, if not, you may find you have difficulty establishing that you do really have a brand or trademark worth protecting.

Copyright law – Copyright protection arises automatically, as soon as you put pen to paper! Or (in most cases nowadays) fingers to keyboard. As long as the work is original, and in tangible form, then you (the author) can stop someone from copying it! Copyright law does not give you the right to prevent others from using the idea, only its expression in tangible form. So if you want to be guaranteed protection, it is essential you get your idea documented in some tangible form! That way there should be no doubt about your rights to ownership. Also, if you have a website or are trading online, put a clear and visible copyright notice on every page of your website, or in any documents you publish online, it makes it clear what can and can’t be done with the copyrighted works, and that you fully intend to assert your rights of ownership.

Confidentiality agreements/NDAs – When sharing any valuable information about your brand or product, before you divulge your pinky and the brain ideas for world domination! Make sure the person who is to receive the information signs a confidentiality or non disclosure agreement, or at the very least is aware that the information being imparted is confidential. That way you protect your idea and your brand, and when discussing your plans you have added peace of mind.

Brand your Domain

Branding your domain name is also another essential strategy to consider, and ideally your brand name and domain name should be the same. It is important to secure your name early even if you do not actively intend to use it; one so you do not lose out to someone with the same name, and two to prevent cybersquatting – organsiations who are making a business out of registering domain names and selling them on. The great thing about using your brand in your domain name is that it is another way of making your brand yours. It makes it clear that your brand is the central part of your presence on the web, and makes it a place where people can learn more about your brand.

Tania Phipps-Rufus holds a Masters of Law degree in Intellectual Property, for more information and advice about brand ownership, creation and protection or intellectual property strategies, get in touch with taniarufus@hotmail.com