How to protect your brand using IP tools

A brand is made up of many elements which influence its overall look and feel. At one level — the words, logo, typeface style and size, images, packaging, music, jingles, colours, shape, slogan/strapline and even smell — can all influence the consumer. At a broader level, the way a brand is promoted through advertising and creative content, market positioning, online presence, AdWords, keywords and hashtags are all relevant to the establishment of a brand and its value.

With so many elements, it can be difficult to identify what can and should be protected. The reality is that all possibilities should be considered. Brands can be protected in a variety of ways:

• trade marks (words, logos, colours, shapes, jingles, smells, animation etc.)
• copyright (content of material)
• designs (the appearance of the product)
• patents (any invention)
• passing-off (get-up)