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Trade Marks, Brand Protection & Related Copyright and Design

Brand Extension

Brand extension can be a potent field for expansion of a company's marketing.

For example, Coca Cola, Land Rover and Lara Croft are brands which have a powerful appeal which goes far beyond their core business. Enthusiasm for brands such as these can therefore exist not only in diverse product or service categories but also in territories where the core business may not yet have significant sales.

The development of a carefully controlled brand extension programme can help to meet this demand. It can also support the brand and promote sales by the core business, providing that the collateral products or services forming part of the extension programme adhere to the core brand values.

A brand extension programme can be developed either by direct investment, as a joint venture with one or more other investors, or through carefully controlled licensing. However it is developed, such a programme requires as a prerequisite that rights to the brand be obtained by trade mark registration for the territories and products/services concerned.

Without such registration, there may not be effective legal rights to exploit and it will be difficult if not impossible to protect the revenue generated against piracy. Copyright can be useful as well but it can only protect logos or designs and not names. It also only protects against copying and not coincidental similarity.

A powerful brand may generate spurious goods or services, both in the core business and brand extension categories, and indeed usually does. Piracy of this kind can threaten both revenue and the integrity of the brand itself.

Trade mark registration for the relevant territories and goods/services is the only effective weapon against piracy. Investors and licensees also require this protection to provide a weapon against spurious competition and safeguard revenue. Indeed, many people will not become investors or licensees unless they can see that the necessary protective rights have been obtained by trade mark registration or receive warranties to that effect.

Trade mark registration is thus an enabler of a brand extension programme as well as a safeguard.

To maintain valid registration of a trade mark for the goods or services for which it is registered, sales have to be made under the mark in the territory concerned. The sale of genuine goods or services in collateral markets thus helps in maintaining effective trade mark rights in this area. It also assists in providing surveillance against piracy over a wider area.

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