Rebranding a business is exciting. It’s often done at a time of growth and transformation, such as a merger or acquisition, when a business is launching an important new product, entering a new geographic market, or trying to appeal to a new customer demographic. Whether you’re updating your logo, changing your company name, or overhauling your entire brand identity, it’s a big step that can lead to great opportunities.
But before you dive into the creative process, it is crucial to consider the intellectual property (IP) law implications of a rebrand. Your brand is one of your most valuable assets, and rebranding involves important legal considerations that can impact your business’s future. In this article, we’ll walk you through some key IP issues you need to consider when rebranding. These considerations will help you protect your new identity and avoid costly legal pitfalls along the way.
Protecting Your Brand During Rebranding
Intellectual property laws give you the legal right to protect unique aspects of your brand, like your company name, logo, as well as your product designs. When you rebrand, you need to make sure your new brand elements are protected just like your old ones were. This means registering new trademarks, updating copyright protections, and making sure you’re not accidentally stepping on someone else’s IP toes.
Why is this so important? Well, imagine spending tens of thousands—or even millions in the case of a large company—on a rebrand, only to find out another company is already using a similar name or logo. You may have to modify your new brand to avoid confusion in the marketplace; or worse you could be sued for trademark infringement if your new brand is too similar to an existing one. These scenarios aren’t just headaches—they can be expensive setbacks that undo all your rebranding efforts. Even large, sophisticated companies make rebranding mistakes because they don’t invest enough time and resources into IP issues.
Accordingly, by paying attention to IP during your rebrand, you’re not just following the law—you’re protecting your investment and ensuring your new brand can grow and thrive without legal obstacles. Now let’s address some of the specific steps you can take to safeguard your new brand identity.
Preparing for Your Rebrand
Before you call in the creative team to start dreaming up new logos or catchy slogans, it’s crucial to lay some groundwork. This preparation phase can save you time, money, and potential legal trouble down the road.
First, conduct a brand audit. Take a close look at your current brand. What elements are working well? Which ones need a refresh? This isn’t just about aesthetics—it’s about understanding the legal protections you already have in place. Make a list of all your registered trademarks, copyrights, and other IP assets. This might include your company name, logo, product names, slogans, and even distinctive packaging designs.
Next, review your current IP assets. Are all your registrations up to date? Have you been using all the trademarks you’ve registered? If not, you might risk losing those protections. This is also a good time to think about any unregistered trademarks you might be using—elements of your brand that you’ve been using but haven’t officially registered.
While you’re at it, consider your market position and your competitors. Are there any areas where your brand might be conflicting with others in your industry? Understanding this landscape can help guide your rebranding decisions and highlight potential legal issues before they become problems.
This preparatory phase helps set the stage for a successful rebrand. By understanding what you have and what you need, you’ll be in a much better position to create a new brand identity that’s both compelling and legally sound.
Trademark Considerations
Trademarks are what legally protect your brand name, logo, and other distinctive elements of your business identity. So, as you’re developing your new brand, you need to think carefully about how you protect and enforce them.
Before you fall in love with a new name or logo, do your homework. Conduct a thorough trademark search. This isn’t just a quick Google search or a scan of your competitors’ websites. You need to check trademark databases, including the USPTO’s database for federal trademarks. Don’t forget to look for similar names or logos, not just exact matches. A name doesn’t have to be identical to cause legal problems—if it’s similar enough to confuse consumers, it could be an issue and lead to a trademark infringement lawsuit. That’s a headache you definitely want to avoid. It could force you to abandon your new brand and start over, wasting all the time and money you’ve invested.
When choosing your new brand elements, aim for something distinctive. The more unique your name, logo, or slogan is, the easier it will be to protect legally. Generic or descriptive terms are harder to trademark, while arbitrary or original words offer stronger protection.
Once you’ve settled on your new brand elements, file for trademark registration. In the U.S., trademark rights are generally based on use, but registering gives you important additional protections. It puts others on notice that you’re claiming rights to that mark, and it can be crucial if you ever need to enforce your rights. Working with experienced IP counsel and taking the time to get this right is an investment in your business’s future.
Copyright Issues in Rebranding
Copyright protects original creative works, including things like logos, promotional materials, and even the text on your website. Unlike trademarks, copyright protection is automatic as soon as you create something original. But here’s the catch: you need to make sure what you’re creating is truly original.
Many businesses look at other successful brands for inspiration, but be careful. Copying or closely mimicking someone else’s work can lead to problems. Even if it’s unintentional, copyright infringement can result in costly lawsuits. So when you’re designing new brand elements, make sure your team is creating from scratch, not just tweaking existing designs or messaging.
What if you want to use something that someone else created? Maybe you’ve found the perfect stock photo for your website homepage, or you want to use a particular font for your logo. In these cases, you need to secure the right licenses. Don’t assume that because something is available online, it’s free to use. Always check the licensing terms and, when in doubt, reach out to the copyright owner for permission (and be prepared to pay for the privilege to use someone else’s creation).
For your own new creations, consider registering the copyright. While not required, registration with the U.S. Copyright Office can provide additional benefits if you ever need to enforce your rights. It’s especially worth considering for key elements of your new brand identity.
Securing Your Online Presence
When you rebrand, you need to think beyond business cards and signage—you need to consider your digital footprint too.
Your website is often the first point of contact for potential customers, so you want to make sure your new brand name is reflected in your web domain name. As soon as you’ve settled on a new name, check if the corresponding domain name is available. And don’t just look at .com. Consider other extensions like .net, .org, or country-specific domains if they’re relevant to your business.
Next, think about social media. Your handles on platforms like X, Instagram, and Facebook are an important part of your brand identity. Ideally, you want consistent handles across all platforms. Check the availability of your new brand name on all the social media channels you plan to use. If the exact name isn’t available everywhere, try to choose variations that are as close and consistent as possible.
By registering relevant domain names and social media handles, you’re preventing others from using names that could be confused with your brand. This helps avoid customer confusion and potential trademark issues down the line.
Working with Legal Experts
While you might be tempted to handle all aspects of your rebrand in-house, when it comes to the legal side of things, it’s wise to bring in a professional early in the process. An IP lawyer can guide you through trademark searches, helping you interpret the results and assess the level of risk associated with your new brand elements. They can also assist with the trademark registration process, ensuring all paperwork is filed correctly and on time.
If your rebrand involves complex issues – like transferring existing IP rights or navigating international markets – expert legal advice becomes even more crucial. An experienced IP attorney can help you navigate these complexities and develop a strategy that protects your brand across all your target markets.
Protecting Your New Brand
After you’ve launched your brand, your work isn’t over yet. Now comes the ongoing task of protecting your new brand.
First and foremost, you need to monitor the marketplace. Keep an eye out for any businesses using names, logos, or other branding elements that are similar to yours. The earlier you catch potential infringement, the easier it is to address.
If you do spot a potential infringement, don’t rush to sue. Often, a carefully worded cease and desist letter can resolve the issue. This is where having a relationship with an IP attorney can be valuable—they can help you determine if there’s really an infringement and guide you on the appropriate action to take.
But protection isn’t just about policing others—it’s also about maintaining your own rights. For example, use your trademarks consistently and properly. If you’ve registered a logo, make sure you’re using it in the form in which it was registered. Keep records of how and when you use your trademarks in commerce.
Be proactive and make IP an important strategic consideration for your business.
Conclusion
Rebranding your business is a big step, filled with both exciting opportunities and potential challenges. As we’ve discussed, protecting your intellectual property is a crucial part of this process that shouldn’t be overlooked. With careful planning, the right protections in place, and assistance from an experienced IP lawyer, your new brand can become a powerful tool for growing your business and standing out in the marketplace.
This alert serves as a general summary and does not constitute legal guidance. Please contact us with any specific questions.
Andrew G. Martin is an experienced registered patent attorney with history working in the automotive, electrical, and agricultural industries. He regularly advises startups and small businesses on the patent and trademark prosecution process, assisting clients from start to finish. You can reach him at 517.377.0834 or at amartin@fraserlawfirm.com.
