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Protecting your brand

Your brand is your promise to your customers as it tells them what they can expect from you and what you will deliver to them. Incorporating an effective brand protection strategy into your planning will ensure sustainable business success.

Before protecting your brand, you will need to be clear on your branding strategy. Ie. are you aiming for an overall Corporate identity that has sub brands linked or are you wanting individual stand alone brands only.

Corporate Image
  • Market place presence and awareness
  • Focuses on visual branding components of logo, design and marketing materia

Brand identity -
  • Promotion of an organizations individual brands and the promises they will deliver
  • Focuses on features, benefits, performance quality, service and values
  • Brand Identity is stand alone and not marketed as linked to the organization making sometimes difficult to add new brands as there is no history attached

Combined Corporate Image & Brand Identity -

Combined overall corporate identity linking brands to the organization making adding additional brands easy providing the organization has a good reputation with customers.

It is important to note that just because you have your business name registered within a particular state, it does not give exclusive rights to use a name, word or image for your business to trade with. To ensure your brand and any components of your brand identity is protected by Australian law and your investments in building your brand remain secure, you will need to seek National Trade Mark protection through IP Australia. (www.ipaustralia.gov.au)

IP Australia has 42 different classes of goods and services to choose from for protection in. Once you have registered your Trade Mark you are able to stop others from using the trademark or similar marks that may cause potential consumer confusion in the marketplace.

The Trade Mark application process can take between 9-18 months. Once your application has been acknowledge as received by IP Australia you can use the TM against your proposed Trade Mark however the ® against your mark is legally not permitted until your Registration Certificate has been issued. Registration is for ten years and renewable.


Tips for protecting your Corporate Image and Brand Identity:
  • Register a Trade Mark for each product or service you provide in their relevant class of goods/services they trade in
  • Consider Trade Mark protection for all components of your brand such as:
    • Logo – complete image and/or part image
    • Slogan/Positioning Statement/Tag Line
    • Colour specific logo
    • Symbol
    • Smell
    • Shape
    • Design
  • Once your Trade Mark is Registered ensure the ® symbol is placed against your mark when providing goods/services in those classes you are registered in. It is an offence to use the ® on your mark for classes of goods/services you are not registered for.
  • Monitor competitor activity and keep an eye open for potential infringement of your mark

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Current as at:1-Feb-07. © Important & Imperative Business Solutions (I&IBS), 2006.

The writer, Wendy Fogarty, is a Business Growth Consultant who has almost 25 years experience and a dedicated focus on business development through strategic knowledge management. Wendy has worked with many successful SME’s and been involved in aspects of their business development in the Illawarra and beyond. Wendy runs a boutique business consultancy focused on delivering a range of business growth services. Call Wendy today at I&IBS on 0242832221 to find out how she can help to develop and grow your business.

Disclaimer: The information published in the above article is subject to copyright and may not be reproduced in any form without written permission from Important & Imperative Business Solutions (I&IBS). The above article is intended as general information only and should not be relied on in place of specific legal or professional advice. I&IBS accepts no responsibility or liability for any damage which may be incurred by any person acting on this information provided.

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