This month I would like to discuss developing effective brand
A brand should be managed as an economic asset. Someone must be
responsible for the management of the brand. In larger
organizations the responsible individual will have to coordinate
management of the brand across the organization of the brand owner
including different divisions or business units.
In addition, brand execution will have to be coordinated across
different forms of media and in different markets. Co-ordination is
particularly important when a brand owner uses both online and
bricks and mortar channels. The brand should be presented in the
same fashion in both channels.
Choosing a Brand Name
There are a number of considerations and cautions which are
relevant to choosing a brand name. In order to consider and apply
these considerations effectively a process must be in place. In
smaller companies the process may be carried out by a single
individual but in a larger organization a number of people will be
involved. In all cases the process needs to be systematic and the
relevant considerations must be objectively considered.
A proposed brand name should be reviewed by qualified counsel
familiar with the issues that arise under the Trademarks
Act. For example, will the trademark be available for use and
registrable under the Act? Appropriate searches must be
carried out to answer this question in each of the countries the
brand will be offered.
Will the proposed brand name actually distinguish the goods or
services in association with which it is proposed to be used from
the goods and services of others? If the proposed brand name is a
name or surname of an individual or if it is potentially
descriptive of the character or quality of the wares or services or
if it is weak and lacking inherent distinctiveness, these issues
should be raised and objectively considered before proceeding any
Online Brand Management
Online marketing, including search engine marketing and social
media marketing, has become big business. Brand owners must strive
to devise appropriate strategies directed at online marketing.
At the same time as the brand name selection process is taking
place, consideration should be given to potential online branding
and domain name availability. Domain names must be chosen and
secured in the appropriate generic and country Top Level Domains.
This will be a significantly more complicated task as the result of
the delegation of the new gTLDs. In addition searches can be
carried out to determine if the brand name is in use as a username
on key social media websites.
Once chosen the domain names must be coordinated and managed
appropriately. Typically generic contact information should be
developed and maintained. Where appropriate, consideration can be
given to protecting domain names as trademarks.
Depending on the size of the organization a designated
individual must take responsibility for online branding.
More to follow next month.
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.
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The Federal Court dismissed a motion by Apotex seeking particulars from Allergan's pleading relating to the prior art, inventive concept, promised utility and sound prediction of utility of the patents at issue.
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