ThemeProcess & Planning
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Questions5 to explore

Intellectual Property

Trademarks, design rights & patents

Brand distinctiveness without legal protection is a gift to competitors.

Intellectual property in a brand context means the trademarks on the name and logo, the design rights on distinctive visual elements, and sometimes patents on product features or methods that are central to the brand's distinctiveness. Without registration, a brand invests in assets that competitors can legally copy or, worse, that can be claimed by someone who registers first.

Many small brands do not register their trademarks until they are large enough to have attracted imitators or until a dispute forces the issue. By then, the legal process is harder and more expensive than it would have been early on. IP protection is not just a legal formality; it is a brand infrastructure decision.

How strong brands handle it

The same building block, handled well. These are approaches and illustrations from how brands tend to work, not rules, and never a ranking of companies.

Global brands like Nike register trademarks across all significant markets before entering them. Waiting until launch in a new market is a common mistake, especially in China where trademark squatting is endemic.

Protect the distinctive, not just the literal

Apple has protected the shape of certain product designs, Hermès has registered specific orange as a trademark in their category, and Christian Louboutin protects the red sole. Strong brands protect what makes them recognizable, not just the name.

Monitor and enforce

Having a registration matters less if you do not monitor for infringement or do not enforce when you find it. Brands like Lego have active programs for detecting and addressing infringement to maintain the distinctiveness their trademarks protect.

Questions to explore

Use these on your own or in a group. There are no right answers, only better conversations.

Which elements of our brand are registered as trademarks, and in which markets?
Are there distinctive brand elements (shapes, colors, sounds, patterns) that we use but have not formally protected?
How do we currently monitor for brands or products that might be copying or infringing on our IP?
What would happen to our business if a competitor legally used our brand name in a market where we have not registered?
Do we have a process for IP clearance when naming new products or sub-brands?

Things to notice

Generic or descriptive names are hardest to protect. Invented or distinctive words are much easier to register and defend.
IP registration is territorial. A trademark in one country does not protect you in others. Brands growing internationally often discover this too late.
Trade dress (the overall look and feel of a product or packaging) can be protected but requires proving distinctiveness and prior use. Documenting your design history matters.