Brand creation and development
What are the main points to consider to ensure the protection of a new brand? How to avoid risks when transferring exclusive rights? What actions should be taken at the stage of developing a new brand and preparing it for launch?
Creating and developing a brand is in many ways creative and interesting.
The brand communications system is also a creative process.
Where there is creativity, there is an object of intellectual property, as well as copyright and related rights, property rights.
Each object has an author or a group of authors who create it. And each object has a right holder – a natural or legal person who can dispose of the object.
A brand is a marketing tool that has a lot of definitions and facets.
A brand has a name, an image, a company color and other important attributes that are designed to make the brand recognizable and give it individuality.
Successful brands are copying, trying to fake, use in the interests of others images, texts and videos. The more successful the brand and the higher the competition in the industry, the greater the likelihood of using different elements of the brand or its communications in other people’s products, advertising, websites, social networks.
The brand must be protected at different levels. A well-protected novice brand is more likely to become a leading brand.
The first degree of protection. Who will own the rights to the future brand
When your company thinks about creating a brand (corporate or product), it usually attracts a creative or communication agency, design bureau or branding agency and enters into an agreement with it.
This is where the fun begins. Development of the name, logo, advertising concept is made either by the staff of the creators, or with the involvement of freelancers.
It turns out that the author of the creative development will be one or several people. But the customer is your company.
Consequently, the rights to the result of this development should go to your company.
Each contract for creative development must necessarily contain a section on copyright and related rights.
The articles in this section govern the transfer of development rights.
As a rule, the developer transfers exclusive rights to everything that is paid for by the customer, reserving the possibility of demonstrating the result in his portfolio. Be sure to ensure that the wording indicates the exclusive rights. Otherwise, your development may be accidentally transferred to someone else.
Lawyers can offer an even more complex formulation, in which the alienation of rights will appear.
Also in this section there should be an article stating that the developer did not violate the rights of third parties when creating this development. And if they are violated, and third parties make a complaint, the performer undertakes to settle disputes on his own and at his own expense.
At the same time, a creative agency must have an employment contract with employees, which must contain an article stating that all the results of intellectual work created while working at the company belong to a creative agency. If an agency involves third parties, then it is also obliged in its contracts to ensure the full transfer of property rights to the result of creative works.
After the work is completed, your company and the developer sign the act, which also records the fact of the transfer / alienation of exclusive rights to development. From this point on, rights are transferred to your company.
Creative companies can specify in the contract the wording according to which they can use the result of the work in their portfolio. Your right to allow it or not. As a rule, this is allowed. Especially if the development turned out successful.
The important part is checking what the developers have suggested to you. This is especially important if you are developing a new brand.
At first glance, the name you might like. However, it is worth checking out.
See if there is a similar market. There are several ways to check:
Search on the Internet – type in the search box the proposed name. Search results may surprise you a lot. The search engine will give all the similar and consonant words, including objects that may appear in the pictures.
A case from our own practice – when developing a new brand, three promising names were chosen. When checking one of them, the search stubbornly gave out photos of … graves. It turned out that the invented fantasy word is consonant with the designation of burial in Turkish. As a result, the word was excluded from the shortlist.
Use the free search resources for registered trademarks on the websites of patent attorneys and law firms offering trademark registration services.