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Brand development: the creation of a brand

Brand development has several definitions. When we speak about the development of a brand, we mean the creation of the brand. For example, you have an idea for a new product or service, and only the brand name still needs to be devised.

Brand development is extremely important. After all, your brand stands for the identity of your product and/or service and will be significant for its positioning in the market. Brands will help consumers identify, select and associate those products and services with you. A strong brand gives an organisation, product or service a distinctive and unique position in the market.

More information about the process of brand development

Good brand development is therefore essential. With the right brand, properly protected, you will create (added) value for your company. However, brand development is a complex process. Before you choose a name you will have to analyse the market to determine which brands appeal to your target groups and which brands your competitors use. You will need to measure how your target audience will perceive and experience the brand. You will need to work hard to be authentic and different. Ideally you want a strong brand with a catchy name and a strong logo, but most of all want to develop an effective brand that appeals to your target audience.

Brand development is a time-consuming process, as well as a creative process. But, while a design agency may provide the creative input, they do not always have the right tools to advise on trademark rights. There are countless examples of leading brands which, during the costly development of a new brand, discovered (too late) that the brand name had already been taken in the sector, or that the selected brand name actually calls forth undesirable associations in particular countries. The Mitsubishi Pajero, for example, was launched before the company was aware that ‘pajero’ is actually a very rude and vulgar Spanish term. In short, with brand development it is important to seek advice on the legal implications at an early stage.

Trademark protection

A lot of time and energy is invested in the development of a new brand. To ensure that that time and energy is not wasted on the wrong name, it’s important that, at an early stage of brand development, thought is given to the question whether the developed brand, the creation or the design can be protected by means of a trademark registration.

In principle, almost everything can be protected as a brand. ‘Everything’ can include: words (and any special style of writing), drawings, letters, numbers, shapes, packaging design, colours and family names. This protection can be applied for and granted individually (linked to a person or company) or collectively (as a hallmark for different parties). These different symbols must, however, meet certain conditions; otherwise a trademark application for registration can be refused.

Reasons for refusing a trademark application

An application may be refused for several reasons. For example, if it is not distinctive enough. Or it is too simple or perhaps even too complex. Or it is descriptive or a generic term. A trademark can also be refused if it is in conflict with common decency or public order. Deceptive symbols are not accepted either. Geographical names will be refused in certain cases, as well as flags or state emblems. These restrictions once again underline the fact that solid legal advice at an early stage of brand development can prevent disappointment and cut costs. Novagraaf would be pleased to advise you about the legal possibilities of trademark development and offers several instruments to optimise the means of registration of your new trademark.

Would you like to know more about brand development?

Novagraaf would be happy to advise you about the legal possibilities associated with brand development and offers several services, such as trademark searching, to optimise the means of registration of your new brand. Novagraaf also provides trademark watching services and we can act on your behalf if trademark infringement is detected. For more information, please contact Novagraaf using the contact form at the top right of this page.