Brand Development and Protection

Brand Ventures IP Law was founded with a specific goal in mind, a goal to bring the practice of intellectual property law into the modern age in both theory and practice.  Based on our past experience of working in the IP legal field, we found that too often, the complexities of intellectual property law interfered with the attorney's ability to effectively communicate to their clients the purpose and value of the legal services being offered to them. 

Because the majority of law firms continue today to explain the purpose, benefits and costs associated with the IP legal services that they offer in terms more appropriate for a courtroom than a boardroom, businesses and entrepreneurs continue to question the true business reasons and financial value of filing for trademarks, copyrights, or patents. 

At Brand Ventures IP Law, we approach all aspects of representation from the perspective of the modern business environment.  When we recommend filing for trademark protection, we explain that in doing so, we are not managing a client's trademarks, we are managing a client's brand.  When we recommend protecting a client's artwork or proprietary information with a copyright, we are not managing a client's copyrights, we are again managing a client's brand. 

When both attorneys and their clients come to the realization that most if not all of the work offered by intellectual property law firms is aimed in some way at developing and protecting their brands, the entire process of representation can be discussed in a language understood by both attorney and client, the purpose of the legal services offered to clients can be understood for both the legal and business advantages that are associated with those services, and the value of the work being performed can be appreciated not just for the legal protections secured but also for the real value added to the business and brand.

With these realizations in mind, Brand Ventures IP was founded because it became apparent that it was time for intellectual property firms to play a more active role in the business of our clients and the development and protection of their brands. As brands are arguably the most critical aspect to the success of companies and entrepreneurs in the modern business environment of today, we believe the advice and services we offer are more important than ever to the ultimate success of our clients in today's competitive business world where brands are more visible, more vulnerable, and more valuable than ever before. 

Our primary goal in the representation of our clients is quite simple, it is to first help establish, then secure, maintain, and protect the successful brands of our clients.  In doing so, Brand Ventures IP believes in an interdisciplinary approach that integrates innovative business strategies with those legal tactics most effective at creating strong, sustainable and valuable intellectual property.  The strength of a client's intellectual property portfolio is often highly related to the effectiveness and value of a client's brand and their ability to realize actual returns on the investments made into a brand development and protection.

Anything that a potential consumer associates with your brand or the perception of your brand's reputation is a part of your brand, and is an asset that should be protected. 

Brand can include:

  • Product Name
  • Logo
  • Slogan
  • Design of product
  • Design of product packaging
  • Colors associated with company, its products, or packaging
  • Advertising content
  • Social Media Campaigns
  • The look and feel of a website or physical retail location
  • Audio/Visual content associated with a promotional campaign
  • Websites and Online Promotional Pages

Brands can be protected using the following elements of Intellectual Property:

  • Trademarks
  • Trade Dress
  • Design Patents
  • Copyrights
  • Design Patents
  • Domain Names
  • Trade Secrets
  • Right of Publicity
  • Internet Use and Issues

An effective IP strategy for your brand should include the following basic steps:

  • Selection
  • Clearance
  • Registration
  • Use and licensing
  • Enforcement

Brand Selection

Education is key to implementing a successful brand protection plan. The first step is helping clients to select a brand that can have maximum protection and potential for growth, visibility and value. 

Brand selection is the critical first step, and affects the cost and timing of all the remaining steps in the process.

At Brand Ventures IP, our attorneys have years of experience helping clients select the right brand.

Brand Clearance

The clearance process may involve a national search, or searching in jurisdictions throughout the world, to determine whether someone already owns a similar brand. Expenses for this process can get out of hand unless clients understand the costs per country and the timing involved. Clear communication helps clients decide on the right clearance process for them.

If the clearance process shows that the brand is not available, all is not lost. We may be able to offer options like canceling a prior registration or purchasing it. At Patti shall, we have been helping clients achieve their brand goals for more than a century.

Over the years, we've built extensive contacts with many of the best counsel in foreign countries. This creates a kind of international IP army for our clients, and through us they can gain access to a network of many of the best brand lawyers in the world.

Brand Registration

Companies typically watch the costs of the registration process closely. The more distinctive the brand, the less the registration costs are likely to be. Nonetheless, issues often are raised by the registering entity that need to be resolved.

At Brand Ventures IP Law, we have experienced attorneys to help you obtain a favorable result in the registration process, attorneys who have built their careers on successfully obtaining domestic and international intellectual property registrations for their clients, attorneys who know the strategies and nuances of the various registration processes and use this knowledge to make sure all of our clients are offered the highest chance of success possible.

Brand Use and Brand Licensing

If you don't use your brand correctly, you may lose it. We can help you plan and execute brand use strategies and protocols for use by your company or employees internally, and we can set up systems to help establish and maintain continued proper use of your brand related assets and protections.

The legal teams and in-house counsel that work alongside our clients find this service invaluable in guiding their clients, and in reducing the number of telephone calls and emails they receive from members of their own staff looking for guidance and advice on how to work around or with the rights and assets we have helped our clients secure.

Proper licensing is also critical to creating and growing the value of intellectual property rights. We've helped many clients design and revamp highly successful IP licensing systems, from complimentary partnerships, to endorsements, to complete acquisitions of the intellectual property assets of a former competitor. 

Brand Enforcement

Enforcing your IP rights is critical. A strong enforcement program, involving both negotiation and litigation, preserves and strengthens your brands in many ways. It discourages encroachers, and reduces the risk of the brand becoming generic or diluted.

You should not limit your enforcement efforts to major problems. Consistent enforcement efforts create a strong record to warn away would-be infringers and support difficult litigation. We provide a consistent strategy for many clients with well-known, valuable brands.

A major component of enforcement is fighting counterfeit and gray market goods. Our in-depth knowledge of civil seizures and strong relationships with Customs agencies-in the U.S. and other countries-as well as with local law enforcement, are invaluable in helping clients move quickly against counterfeiters and counterfeit goods.