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What IP issues should you consider when rebranding?

On Behalf of | Nov 14, 2024 | Business & Commercial Law

Rebranding can breathe new life into your business, but it’s not without risks. Many companies jump into rebranding without thinking about the legal implications. This oversight can lead to costly mistakes and legal battles. Let’s explore the key intellectual property (IP) considerations you need to consider when rebranding your business.

Trademark concerns

Before you settle on a new name or logo, do your homework. You need to ensure another company doesn’t already use your chosen brand elements. This step is vital to avoid trademark infringement claims.

Conducting thorough research is essential to protect your new brand. Here are some key steps to take:

  1. Check domain name availability
  2. Look for similar names or logos in your industry
  3. Consider international markets if you plan to expand

Remember, long-term use by another business could give them common law rights even if a name isn’t officially trademarked. It’s best to steer clear of anything, like existing brands.

Protecting your new brand

Once you’ve chosen your new brand elements, it’s time to protect them. This protection ensures that other businesses can’t use your new identity.

Securing your new brand involves several essential actions. Consider these steps:

  1. File for trademark registration
  2. Secure relevant domain names
  3. Register social media handles
  4. Update contracts and legal documents with new branding

Don’t forget about your old branding either. You should maintain rights to prevent others from using it, especially if you plan a gradual transition.

Rebranding is an exciting process, but it comes with legal challenges. While this guide offers a starting point, every business’s situation is unique. The specifics of your industry, location and business model all play a role in determining the best approach to IP protection during rebranding. So, consider speaking with an experienced IP attorney. They can help make sure that your rebranding can go as smoothly as possible.