Lia Kopin-Green
August 10, 2022

What is a Brand?

A brand consists of both tangible and intangible elements that define an entity’s unique identity and services. Intellectual property law plays a crucial role in creating and maintaining the value of a brand. Branding elements such as products offered and aspects of promotion, such as a logo, should be guarded by intellectual property laws to prevent their theft or misuse. In order to protect a brand, patents, copyrights, and trademarks can be helpful.

Key Takeaways

  • In intellectual property law, a brand is defined as the tangible and intangible elements of an organization or other entity’s unique identity and product.
  • Patents, copyrights, and trademarks can be used to protect a brand.
  • You can seek advice from an intellectual property attorney regarding the best ways to safeguard your brand.

Brand Elements

Intellectual property laws shield a variety of elements of brands. Some common trademarked elements include:

  • Names: In order for a brand to be memorable and unique, its name is crucial. A brand like Google, which is one of the most recognizable in the world, comes to mind.
  • Colors: Specific colors or color palettes can play a significant role in a brand. Trademarks are often used by companies to protect their go-to colors from competitors. Tiffany and Co., for example, trademarked its light blue branding color.
  • Slogans: Some brands use distinctive messaging to make their products stand out. For instance, Nike has been promoting its trademarked “JUST DO IT” slogan for years.
  • Symbols: Businesses may use certain logos or symbols as part of their branding. These symbols can be trademarked in order to prevent other companies from stealing them and profiting from them. As an example, Apple has trademarked their iconic symbol.

Protecting a Brand

Several tools and elements are contained in US intellectual property law that are useful in protecting a brand against infringement. A skilled intellectual property attorney can help implement some of these strategies, including:

  • Registering Intellectual Property: It is not necessary to register all intellectual property with the United States Patent and Trademark Office, but doing so proves ownership of your intellectual property to third parties, preventing counterfeiters from plagiarizing your work.
  • Non-Disclosure Agreements: Is your brand or idea at risk of being stolen by your employees or partners? Non-disclosure agreements, or NDAs, are imperative in preventing others from stealing elements of your brand and profiting from them.
  • Obtaining Global Protection: If you want international protection for your brand, you may want to consider registering your intellectual property in other countries. If you plan on growing your brand globally, you may want to research IP laws outside of the United States.

Bottom Line

Creating a brand from scratch is not a simple task. Moreover, shielding that brand from infringement can seem even trickier. Fortunately, intellectual property attorneys specialize in just that: defending important elements of your brand from misuse or theft. In return for all the money and effort you've put into building your brand, you deserve protection for your intellectual property.

Featured Intellectual Property Lawyers

Klinedinst Attorneys PC

Google rating
40 years in practice
Criminal Defense, Employment Law, Intellectual Property, Premises Liability, Real Estate Law
View Profile

Stevens & Legal, LLC

Google rating
13 years in practice
Employment Law, Intellectual Property, Personal Injury, Premises Liability, Wrongful Death
View Profile

Law Office of Peace & Squires, PLLC

Google rating
14 years in practice
Auto Accidents, Business Law, Employment Law, Intellectual Property, Medical Malpractice
View Profile

Orange County Personal Injury Attorney

Google rating
22 years in practice
Auto Accidents, Personal Injury, Wrongful Death
View Profile

Ibrahim Law Firm

Google rating
11 years in practice
Auto Accidents, Bankruptcy, Personal Injury
View Profile

JSM Injury Firm APC

Google rating
4 years in practice
Auto Accidents, Personal Injury, Premises Liability, Wrongful Death
View Profile

Related Posts

Consent Agreement
Lia Kopin-GreenAugust 21, 2022
Claim: Intellectual Property
Lia Kopin-GreenAugust 16, 2022
Patent Troll
Lia Kopin-GreenOctober 23, 2022
Deceptive Trademark
Lia Kopin-GreenAugust 24, 2022
Attorney At Law is changing how clients connect with lawyers. By providing an innovative platform to lawyers who want to expand their practice’s reach, AAL is bringing law practices into the future.
6142 Innovation Way
Carlsbad, California 92009
Some of the content of this website may be considered attorney advertising under the rules of certain jurisdictions. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
crossmenuchevron-upchevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram