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13 October 2015

Eight Things Every Entrepreneur Needs To Know About Creating And Protecting Brand Identity

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Dickinson Wright PLLC

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Dickinson Wright PLLC, founded in 1878, is a full-service business law firm with 550+ lawyers across the United States and Canada, covering over 40 practice areas and industry groups. Headquartered in Detroit, the firm provides practical, business-focused legal solutions and invests in technology and personnel to support efficient, innovative service delivery. Dickinson Wright maintains independently verified information security and risk management controls, including ISO/IEC 27701:2019 certification, reflecting a commitment to protecting sensitive client matters. The firm handles complex transactions and high-stakes litigation and is regularly recognized by leading legal industry organizations for the quality of its work.
Every entrepreneur knows the importance of establishing a strong brand for a new business or product line.
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First in a series.

Every entrepreneur knows the importance of establishing a strong brand for a new business or product line.

"Brand" is a somewhat nebulous concept. It's been defined as the complete set of mental and emotional associations that consumers have with you and your products: not just who you are and what you sell, but what they think and how they feel about who you are and what you sell.

"Brand identity," in turn, is the visual and verbal expression of a brand communicated by names, slogans, logos, and the like. It's what triggers those mental and emotional associations.

Here's an example. What comes to mind when you see this symbol?

Cars, of course. Specifically, Mercedes Benzes. But other things probably come to mind as well, such as: Quality. Performance. Engineering. Luxury. When everything is working as it should, people don't want to just own the product, they also want to take on the brand identity. They don't just want the car, they want the logo on the hood – along with everything the logo symbolizes.

So here's the first thing every entrepreneur needs to know: Trademarks are the primary means by which we harness the power, and capture the value, of brand identity. Names, slogans, and logos that have been thoughtfully created capture brand identity more effectively than those that haven't. And those that are properly protected and enforced are capable of guarding against "brand identity theft" more effectively than those that aren't.

The dollars-and-cents value of trademarks can be enormous. Consider this: start with the market value of a successful company – the amount that a buyer would be willing to pay for it. Now subtract the value of the tangible assets: product inventory, machinery, buildings, everything down to the desks, computers, and paper clips. What's left is the value of the company's intangible assets: know-how, reputation, good will in the marketplace. Much of that intangible value can only be captured, for practical purposes, by trademarks.

The economic value of those intangible assets can be significant. If you can buy a soft drink company that comes with good recipes, modern manufacturing facilities, and efficient distribution channels, that's good. Even better is to buy one that also comes with this trademark:

The economic value of trademarks is especially important when the time comes to sell, expand, or franchise a business. Trademarks are the vehicles by which the intangible values of brand identity are priced, transferred, or otherwise exploited.

I tell clients that my goals in helping them build a brand identity, and a trademark portfolio, are the same as their marketing department's goals:

  • First, to select names, slogans, and symbols that stand out in consumers' minds as belonging to us – and only to us.
  • Second, to establish and protect those marks so that they consistently convey our brand identity – and nobody else's – wherever we're doing business.
  • Third, to do it all in a way that is cost-effective and that adds value to the enterprise.

There are a handful of key principles that make all this happen. The first is simply grasping the importance of brand identity, and recognizing the crucial role that trademarks play in creating and sustaining it. We'll talk about others in future editions of Brandmarking.

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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