Strong and consistent brands underpin successful businesses.

Brand protection is essential to maintain the value of your brand and your business. If you are intending to grow your business, brand protection should be at the top of your "to do" list.

Strategy and Protection

Brand strategy sets out the detailed plan for growing your business in a structured way. Brand strategy includes brand objective, target audience, brand positioning, brand identity and market strategy.

An effective brand strategy leads to brand consistency, connection with consumers and higher brand value. 

As the value of a brand increases, so do competitors as they try to copy the brand's offering.

Consequently, an effective brand protection strategy (or intellectual property protection strategy) should be developed early on in the formation of a business's brand strategy.

Your business name and other intellectual property (such as designs, logos, trade secrets, business know-how, copyright and patents) can be protected in a number of ways, including by trade mark registration and agreement (for example confidentiality, intellectual property, licence and franchise agreements).

An effective brand strategy which works in tandem with an effective brand protection strategy will lead to the creation of further brand value.

Trade Mark

Sometimes businesses spend time and money building a brand which is owned by someone else. They may have registered a business name or secured a website domain name, but someone else has registered the business name as a trade mark.

Registration of a business name, or the purchase of a domain name, does not stop other people from using that name. To protect your business name and any logo or representation that you are using you need to register a trade mark.

A trade mark can be a letter, number, word, phrase, logo, picture or any combination of these.

Trade mark registration does not need to be limited to your logo or your business name.

If your products form part of your unique selling proposition, you may want to register a trade mark for each of your product names.

A search of the trade mark register for Boost Juice shows that Boost Juice Holdings Pty Ltd has registered trade marks for juice names including "All Berry Bang", "Strawberry Squeeze" and "Mango Magic".

As the owner of a registered trade mark you:

• have the exclusive right to use your trade mark as the brand name for the goods or services specified in the registration for the class in which they are registered;
• have the right to sell your trade mark;
• can be in a stronger position to stop other people from using your trade mark as their brand name on the same or similar goods or services in Australia.

Social Media

Social media is an effective tool in developing your brand. However, you need to ensure that your social media messaging is consistent and accurate.

Misleading Claims

Any claims that your make on social media must not be false or misleading.

While there are no consumer laws in place which apply directly to social media, general consumer laws, such as misleading and deceptive conduct laws, apply to social media in the same way that they apply to other media.

Social Media Policy

If you are going to franchise your business, in addition to clear brand identity guidelines, if franchisees are going to manage their own social media accounts, a comprehensive social media policy will assist to keep your brand's message consistent.

You can provide clear guidelines of what can and cannot be posted by franchisees or you can provide franchisees with pre-approved content, templates and images.

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