Protect your brand’s unique features—the right way

A brand goes beyond the product or service, it should evoke an emotional experience for the consumer

There must be one or some features that are unique to your brand alone, and this intellectual property should be protected through trademarks, copyright, patents, etc.

Not all trademarks are equal in strength

Descriptive and suggestive marks are attractive from a marketing perspective

Weaker marks can cause long-term problems; if others are using your mark, it will be more expensive to police

Weaker marks can harm your brand from a marketing angle

‘Trade dress’ is the total image of a product including its size, shape, color, color combinations, texture and graphics. They are crucial to identifying the product.

Trade dress may be registered if it is non-functional, distinctive and identifies the products of a particular source from those of others

Copyright law protects an original creative expression fixed in a tangible medium

Ornate/artistic designs or logos can be copyrighted

You should list a copyright notice–©–on your website and on any products or informational pamphlets

A copyright registration is needed to enforce your copyright in federal court

You can protect recipes via trade secret law so long as the recipe is of limited availability, has economic value, and is kept a secret

You don’t have to disclose the recipe, and manufacturers can sue should someone try to sell the formula to competitors

You can use a patent to protect a novel invention, such as storing peanut butter and jelly in the same jar, but in direct opposition to trade secret law you must disclose everything when applying for one

Remember that each IP right serves a different purpose, and they are not mutually exclusive

Identify intellectual property business assets and develop an overall strategy for the IP portfolio from the very start, even before launching

IP rights are strengthened by their profile in the marketplace and are weakened if unused or too similar to other brands’

Be consistent in trademark and/or copyright use

Police your unique mark and use the law to prevent competitors from infringing on your rights

Protect your brand like you would any other corporate asset