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Branding

Having a brand can differentiate your business from your competitors and drive customer loyalty.

 

And branding isn't just for multi-nationals with huge budgets: small and medium firms can create an effective brand by examining how the business works, what it means to its customers and acting on the results.

This briefing covers:

  • What makes a brand.
  • The business benefits of creating a brand.
  • How to create and maintain a brand. What is a brand?

Brands can be defined in two ways. Firstly, a brand can be an identification or a mark that differentiates one business from another (through a name or a logo, for example).

Secondly, a brand symbolises how people think about your business.

Building a brand helps customers in their decision-making, creating a perceived knowledge of what they are going to buy — before they buy it.

Brands are based on three related criteria.

Confidence in a business, product or service doing exactly what the customer already believes it will do.

For example, a 24-hour convenience store brand can be based on customers' confidence that it will be open, whatever the time of day or night.

The emotional response of the customer to purchasing a product or service.

For example, a clothing retailer can create a brand based around making its customers feel good about what they wear, how they look, how good they feel about buying clothes from that shop and what it says about them to their peers.

A brand builds a unique personality for a business, and therefore attracts a defined type of customer.

Most importantly, branding is based on consistently rewarding the confidence and delivering the expected emotional response.

 

For example, a domestic cleaning company can build its brand successfully if customers' homes are always thoroughly cleaned, the owners believe that they are using the best cleaning company and feel good about returning to their newly cleaned homes.

Your brand can cover your business as a whole or separate products and services. Do I need a brand?

Every business has already got a brand, even if it doesn't treat it as one.

Your customers (and potential customers) already have a perception of what your business means to them.

Building a brand just means communicating your message to them more effectively so they immediately associate your business with their requirements.

Brands can help increase turnover by encouraging customer loyalty and are particularly useful if:

  • You are in a fast-moving sector.
  • If your business's environment changes rapidly, a brand provides reassurance to customers and encourages their loyalty.
  • You are in a crowded marketplace.
  • A brand can help you stand out.

For example, there are many kinds of adhesive tape, but there is only one Sellotape. 

 
The value of trade mark prtection
 
Why are Coca-Cola and Microsoft the top two most valuable brands in the world with estimated brand values of over US$60,000,000,000?

Why are brands like Apple, Amazon.com, Yahoo!, Samsung and HSBC the top five fastest growing brands of 2006

There is extraordinary potential value in every brand.

A combination of having the vision to create a viable brand from the very beginning, committing to it and taking the initiative to legally protect it has made these mega-brands what they are today.

This article focuses on the value to small and medium size businesses of early prioritisation of brand strategy and diligent legal protection of their brands.

It will identify what makes a good brand and how to get the best out of legal trade mark protection.

 

What makes a good brand

Both the buying public and potential business partners form opinions on the basis of brands.

The main objects of any brand are to be identify the brand owner, establish customer loyalty and convey an appropriate image for the products or services being sold under it.

Any brand strategy must, of course, target its appropriate audience.

The strategy must also take account of the differences between selling products and selling services.

In the retail industry, for example, consumers may be more influenced by how a particular branded product is perceived by others.

On the other hand, with the provision of services the brand ay play a more important role in re-assuring the purchaser that the supplier is reputable or that the services are of a high standard.

A good brand must always be impactful and distinctive. When developing a successful brand, owners will focus on being different from their competitors.

From the brand name to colour schemes, images to phraseology, successful brands must aim to leave purchasers in no doubt as to what they’re buying. 

By concentrating such effort and resources on brand early on, a small or medium sized business will set up a platform on which to build reputation and goodwill as that business grows.

What is unknown today may one day become a household name.

 

 

 

Trade Mark Law

The law affords several different avenues of protection which should be considered and where appropriate pursued in every business’ branding strategy.

We will focus here on the protection of trade mark registration.

Trade marks will be core to a successful branding strategy.

A registered trade mark provides its owner with monopoly rights to use the trade mark in question, thus preventing others from trading off the reputation built up in the brand.

To prove ownership of these rights, the owner need simply refer to his trade mark registration numbers.

Proving equivalent rights in the absence of a registered trade mark will usually be a difficult process involving the need to produce substantial evidence.

In the UK, trade marks are only registerable if they meet certain legal criteria.

They must be capable of:

  • being represented graphically; and
  • distinguishing one provide of goods and services from others.

It follows that an impactful, distinctive trade mark is far more likely to be capable of registration than purely descriptive words or logos or trade marks lacking in distinctiveness.

Obviously, since a registered trade mark owner has a monopoly in a mark, another person will also be unable to use or register a trade mark which is similar to other trade marks already registered for the same or similar goods or services.

Trade marks may be registered in relation to a range of different aspects of a business’ brand.

There is often a misconception that a trade mark simply means a brand name or logo.

However, trade marks may be colours, shapes, sounds and even smells.

As an example, consider brands of chocolate.

Which brand is conjured up by the colour purple and which brand is produced in pyramid-shaped chunks.

Both are registered trade marks. Brand owners may attempt to register a UK trade mark, a single European

Community trade mark (CTM) which will cover the 25 member states of the EC and/or separate trade marks in a range of countries across the world through the World Intellectual Property Organisation (WIPO) depending on their proposed geographical reach 

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