Transforming A Brand into A Global Business – what to consider from a legal perspective
Written By
Partner
Australia
As partner in our Intellectual Property Group in Sydney, I advise our clients on all aspects of IP strategies, protection, exploitation and enforcement.
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There is nothing more rewarding and exciting than having a concept for a business, launching it and then scaling it for the purposes of global expansion. But what key legal considerations should you keep in mind when transforming a brand into a global business to ensure your brand flourishes?
Brand availability, ownership of IP rights and protection
Having the freedom to operate under your chosen brand and protecting it to stop third parties encroaching on your rights, is essential to any global business.
Part of your overall business strategy should include taking steps to ensure you can use your brand - without infringing any third party rights - and getting your brand registered as a trade mark in the countries you operate (or intend to operate) in.
Seeking advice on searches and filing strategies early can avoid potential infringement risks and the costs of having to rebrand.
Having your trade mark registered is not only necessary so you can enforce your rights, but it is also a valuable asset which you can license or sell in the future.
If your brand consists of a logo, or your business utilises software in its offerings (e.g. as part of an app), you should make sure your business owns the copyright in those materials.
Lastly, don’t forget to also look into securing social media handles and domain names as these are key part of your branding portfolio.
Maintaining brand integrity
Maintaining brand integrity is fundamental to developing trust in the market and building a strong reputation.
You should develop and implement clear branding guidelines to direct the use of your trade marks – in particular to ensure your registered trade marks are being used.
Not only does this assist the marketing strategy of your business, it will also ensure the registered trade marks do not become vulnerable to removal on the basis of non-use. In addition, having a consistent branding strategy will contribute to the reputation accumulating in ancillary branding elements e.g. colours, characters or images.
Licensing or franchising the brand
Part of the global expansion of a brand could include licensing the brand or turning the business into a franchise.
Seeking advice on licensing structures and agreements, franchising agreements and regulatory requirements is imperative to making this part of the growth of your business run smoothly.
