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Branding and Trademark Protection — the key to your success on the market

The road from a simple brand name designating a product to a successful trademark is a long one and requires your marketing team to carefully control a large number of factors while keeping aspects of trademark law in mind as well.

Trademark Development
The development of a brand destined to become a trademark later on begins with the search for an identifying mark for the goods or services to be marketed as products under the future trademark. Product perception, product anchoring, and the product message are key aspects of this process. This is where the seeds of a future brand identity are sown. Later on, the brand identity will define how the product is perceived on the market and what image the future trademark will have. A primary goal in this process of creating a brand is to acquire trademark protection for the identifying sign or signs, which could be a name or a figurative sign, for example.                                    More...

Trademark Management
After the brand has been developed and launched on the market, the next step is to impart the desired brand identity to the young trademark through advertising and other PR activities and to cultivate this identity throughout the life of the trademark. This cultivating process will be dictated by rules of marketing, for as time goes by, the trademark will be subject to changes in the way it is used. The matter of use is a vital point that influences the legal strength of the trademark — its so-called distinctiveness — and the legal validity of the trademark protection. For this reason, marketing decisions need to be reviewed continually with regard to trademark law throughout the trademark management period. Not only does a trademark need to be powerful from a marketing perspective; it should also be legally enforceable in a way that secures its claim to exclusiveness.                More...