Living in the attention economy makes change a constant. Businesses need to adapt and evolve. And what is more in need of a change than a company's main attention-grabbing arsenal? It's trademarks. But let's rewind for a moment.
What is it about your brand that needs protection? And what's all the fuss about trademarks? Could I just have my brand and go to market without all this legal stuff? To that, I would say, you can. But, you really shouldn't.
Trademarks as important business assets
You have spent so much time creating, curating, finalizing and identifying your distinctive brand culture and identity only to leave this very important part of your business unprotected? I don't think so.
The registration of a trademark should be considered as the only viable solution for the protection of identity and reputation. It is the only thing that can safeguard and discourage perpetrators from free riding on your hard-earned reputation.
Now, let's assume that you have already registered your rights. What happens when the time comes and a brand transformation is needed? Let's not leave that entirely to the designers or even the marketing team.
How much will the rebrand change previously registered trademarks?
First things first. An IP lawyer should be an integral part of this process. The main reason for this is that an IP expert will be able to identify whether substantial changes are going to be made to the existing registrations. If that's the case, then this should be an indication of the need for registering the new brand items as new stand-alone registrations (logos, wording etc.). If not, then that again is something that the IP expert will be able to identify and advice to that effect will save the company from unnecessary filing costs. Minor alterations, such us typeface and minor changes in background colour, that do not significantly alter the overall impression of the existing trademarks, will not usually create the need for new filings.
However, substantial changes in the form of additional elements to the main design of the logo such as new colours, new typeface, new background and even all of the previous changes combined, may necessitate a new trademark filing. Nevertheless, the possibility exists that these changes are only to be treated as variations of the existing brand items and no new filings are, strictly speaking, needed. However, proceeding with filing these variations may indeed prove as a great strategic move in the long term as these will ensure protection under the law and solidify your legal position.
Conclusion
Determining whether to proceed with new trademark filings requires a thorough evaluation of any changes made and an assessment on the way they affect your brand's identity and legal position.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
