Brands
Index
Every business has a brand and for some businesses the brand is its most valuable asset.
Brands are built up over time through market research, advertising, sales and customer service. The law protects each of those efforts in a different way.
Trade mark registration confers on the registered proprietor the exclusive right to a sign that distinguishes the proprietor's goods or services from those of all other suppliers. That right is reinforced by the common law or judge made action for passing off which prevents supplier from presenting goods or services under an established supplier's trade mark or get-up where such presentation is likely to lead consumers to believe that their goods or services emanate from, or are connected, with the established supplier.
A logo, the distinctive shape of a product or its packaging can also be registered as a design or a registered Community design. Registration confers the exclusive right to use that design or any other design that does not produce on the informed user a different impression. It can therefore be used to preserve the look of a range of products or their packaging which can be an important tool in branding.
Artistic copyright can prevent copying of the artwork for a local, advertisements and website graphics. Similarly, literary copyright can protect market surveys and advertising copy. Rights in performances can protect radio and television commercials as can film and sound recording copyright.
Database rights and the law of confidence can prevent unauthorized access to and use of customer lists and other marketing data.
These rights can be bought, sold and licensed. The right to trade under a brand is the basis of modern business format franchising.
Index
Every business has a brand and for some businesses the brand is its most valuable asset.
Brands are built up over time through market research, advertising, sales and customer service. The law protects each of those efforts in a different way.
Trade mark registration confers on the registered proprietor the exclusive right to a sign that distinguishes the proprietor's goods or services from those of all other suppliers. That right is reinforced by the common law or judge made action for passing off which prevents supplier from presenting goods or services under an established supplier's trade mark or get-up where such presentation is likely to lead consumers to believe that their goods or services emanate from, or are connected, with the established supplier.
A logo, the distinctive shape of a product or its packaging can also be registered as a design or a registered Community design. Registration confers the exclusive right to use that design or any other design that does not produce on the informed user a different impression. It can therefore be used to preserve the look of a range of products or their packaging which can be an important tool in branding.
Artistic copyright can prevent copying of the artwork for a local, advertisements and website graphics. Similarly, literary copyright can protect market surveys and advertising copy. Rights in performances can protect radio and television commercials as can film and sound recording copyright.
Database rights and the law of confidence can prevent unauthorized access to and use of customer lists and other marketing data.
These rights can be bought, sold and licensed. The right to trade under a brand is the basis of modern business format franchising.
