Line Your Intellectual Property Ducks in a Row to Avoid a Rebranding Earthquack

By: Anna Bielejec

When it comes to rebranding, grouchy Aunt Sally’s go-to advice of speaking with an attorney couldn’t be better. Furthermore, assessing the new brand’s trademark and its ability to become registered might be the best place to start. For starters, not all marks are capable of being registered. You see, although formal trademark registration is unnecessary for using a mark in conjunction with the trademark symbol (™), non-registered marks may raise problems down the road if a brand owner decides to sell or otherwise commercialize his business through a franchise or licensing agreement. Because trademark registration provides real evidence of ownership, it is the best tool at guarding against others’ misuse and challenges. The moral of the story? In preparation for a rebranding bonanza, make sure your intellectual property is sufficiently protected. Plain and simple. Know the steps of what it will take to register your new mark/s as well as any registered marks that offer a potential threat, and protect yourself against the many obstacles that may arise. Line your IP ducks in a row to build a legal infrastructure that will weather the various dangers of infringement and you’ll avoid a devastating rebranding “earthquack.”