What is real
is not external form.



CONSTANTIN BRANCUSI

The rebranding process from a legal perspective

19.02.2020


Over the years, many large corporations have resorted to implementing a major rebranding process, either because they had to update the brand they represent today, or because they no longer identified themselves with their current brand. The brand image is an extremely powerful tool, which can dictate a company’s success or lead to its anonymity. The brand image is also responsible for the developing and promoting of both goods and services under the marketing label. Few are truly aware of the necessity of a legally protected brand and ensure sufficient funds are allocated for it.

Unlike large companies, which legally secure their brands even when they are undergoing a rebranding process, entrepreneurs of small and medium-sized companies are unaware of the need to legally secure their brands, thereby ensuring their brands cannot be used as inspiration for other potential brands.

What are the main steps for a successful rebranding process? The first step in achieving a successful rebranding is to conduct research to ensure that the new logo is not already registered by another entity. Moreover, it is also vital that the new logo is not similar to any other existing logo. This will avoid the possibility of any future conflict, thereby leading to minimal legal or financial losses.

If the topic of the discussion is an international brand, a database search must be performed to guarantee the new chosen brand is not available on the specific target market of any other business. In some cases, when deciding to undertake a rebranding process, submitting a new trademark registration would not be considered essential as the problems that could be faced would only concern minor changes, which do not greatly affect the old trademark.

This aspect, however, is a very subjective one, as any small change of font or colour, can have a cumulative effect and can greatly transform the brand. The consequences of misuse of the logo can have serious repercussions, even leading to the potential of cancelling the trademark.

However, to escape the concerns of possible conflicts that could be born of branding, it is more advisable to seek the help of an intellectual property specialist. This will help you throughout the new brand’s implementation process and avoid the potential for any legal conflicts arising as a consequence of rebranding.

To conclude, even if the rebranding process is considered to be a new future direction for the company, the legal aspects of this marketing process should not be ignored. It can not only lead to loss of image, but it can also result in financial losses for the business in question.

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