Do you know the value of your brand name? Could you be putting your brand at risk due a lack of understanding of the need for legal input in the branding process? This presentation was prepared by Shireen Smith for the Make it BIG in 2013 one day event run by Triumphant Events.

1. Branding for Success
Shireen Smith LLM Solicitor
Azrights Founder and Principal
www.azrights.co.uk

2. Confusion about branding
• ‘Branding’ poorly understood.
• Designers, marketers, communications, IP lawyers – are relevant disciplines.
• Who do you turn to and when? In what order?
• Typical process commonly leads to mistakes- lawyers often consulted too late.
• Businesses risk infringing on others’ rights, or using inadequate names
• Cluttered trade mark registers
• Similar names infringe
www.azrights.co.uk

3. What could happen?
• Investment of time and energy in a name = reluctance to rebrand.
• Effect of domain, company or even trade mark registrations.
• Trade mark owner may not worry when you’re small scale.
• Cease and desist letter requiring you to:
• Stop using your name
• Provide a list of your customers
• Pay damages and costs
• Sign undertaking.
• Success will be perceived to ride on the back of brand owner’s success
www.azrights.co.uk

4. The Value of a Name
• A name is where your business both begins and ends. Essential to own it.
• Intellectual property similar to law of physical property- buy then develop.
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• Need to get good title is a legal issue. Always start here when branding.
• Widespread lack of knowledge among professionals and business owners.
• Wrote Legally Branded to provide accessible information on branding.
www.azrights.co.uk

5. Why a Trade Mark matters
• No copyright in names – trade marks the way to secure names.
• Trade marks: to monetise, licence, and protect the business.
• Trade marks are about much more than goodwill. Your don’t need to
intend to become next Coca-Cola for them to be relevant!
• Trade mark needs depend on vision
• National and international strategy
• Some niches v. vulnerable if not
protected by international registrations.
www.azrights.co.uk

6. When a name is wrong
• Trade mark infringement common
• Risk real not theoretical
• Manage the risk
• Risk is a ticking time bomb
• Do you want your business to end up in the
same situation as McCoffee & Scrabulous?
www.azrights.co.uk

7. Names that Limit You
• Can your business name take you to the heights you desire in business?
• Descriptive names devoid of personality - avoid except in early stages
• Would you call your dog ‘Dog’?
• Milky Way vs Chocolate. Consumer and business protection.
• Example- site called ‘Dog Vacation’
• Could this website be registered internationally?
www.azrights.co.uk

8. Having A Good Name
• Dog Vacay in USA - valued at several millions
• Exploit value in engaged community, by granting licences to
pet food, pet accessory and similar manufacturers.
• Licensing business in other countries.
• Licensing underpinned by name
• International trade marking but register fast
• Number of dos and don’t of good name
• Explained in Legally Branded book
• Bottom line is legal effectiveness
www.azrights.co.uk

9. Your Name Can Help You Make It BIG
• Zumba – spread like wildfire.
• Exemplary name and fast registration.
• Right name is key to success. Wrong name will
limit
• Powerful name, IP protections and
international strategy is how to bullet proof
your brand
• Make It Big in 2013
www.azrights.co.uk

10. Branding for Success
info@azrights.co.uk
@Azrights
@ShireenSmith
www.azrights.co.uk