Out with the Old and in with the New: Refreshing your brand with Intellectual Property in Mind

What do the following brands all have in common?

A brand refresh, of course! Refreshing your brand can be an exciting way to modernise your business and keep it relevant to customers. But while you’re giving your brand a new look, don’t forget to consider your intellectual property (IP). A brand refresh can help strengthen your identity, but if you’re not careful, it could lead to IP issues down the road. Here are some things to keep in mind when giving your brand a makeover.

1. Start with an IP Audit

Before making any changes to your brand, it’s smart to do an IP audit. This means reviewing your existing trade marks, copyright, logos, and domain names to understand what you’re already protecting. You might discover some gaps, like a logo you’ve been using but haven’t registered yet. This is also a good time to think about whether your refreshed brand needs trade mark protection for the updated elements, such as a novel logo or tagline.

2. Check Trade mark Availability

If you’re updating your logo or slogan, make sure no one else is already using something similar. Conduct a trade mark search to see if your updated branding elements are free to be registered. If they are, make sure to register them so your new brand is protected. Even small tweaks to your old logo might require additional trade mark application(s), so be sure to get it all covered legally.

3. Keep It Consistent Across All Assets

When you refresh your brand, consistency is key. You would want your updated logo, colour scheme, and messaging to feel like a natural progression of what you had before. This helps customers recognise your brand more easily. Don’t forget to update your website, social media handles, and domain name to match your refreshed look. Keeping everything in sync will make sure that your new brand identity stands strong and is protected across all platforms.

4. Think About International IP

If your business is global or plans to expand internationally, it’s important to remember that IP laws vary by country. Just because your refreshed brand is protected in one region doesn’t mean it’s covered everywhere. Make sure to check if there are any trade mark conflicts in other countries, especially if you’re planning to enter new markets.

5. Update Your Contracts and Communication

A brand refresh often means more than just a new logo—it can affect contracts, marketing materials, and customer communications. If you’ve licensed your branding to others, you may need to update those agreements to reflect the new look. Also, let your customers, clients, and vendors know about the change. Make sure your website, packaging, and marketing material all clearly communicate the updated brand to avoid confusion.

6. Monitor and Enforce Your IP Rights

Once the refresh is done, don’t relax just yet—keep an eye out for potential IP violations. Even if you’ve done your homework, other businesses or individuals might try to use elements of your refreshed brand. Set up systems to monitor any unauthorised use of your IP. If you find any unauthorised activity, take action quickly, whether that means sending a letter of demand or taking further legal steps to protect your brand.

7. Know the Difference Between a Refresh and a Full Rebrand

It’s important to differentiate between a brand refresh and a full rebrand. A refresh typically involves updating things like logos or taglines while keeping the core of your brand intact. A full rebrand, on the other hand, usually entails a complete overhaul (a new name, logo, and maybe even a new target audience). If you’re just refreshing your brand, you may not need to make as many changes to your IP portfolio, but if you’re doing a full rebrand, it could mean more extensive work like new trade mark filings.

8. Hold on to the Old Brand for a While

A lot of value is tied to your old brand, especially if it’s been around for a while. When you refresh your brand, it’s a good idea to keep the old brand active for a bit during the transition. This ensures that no one else can exploit the old brand for their own gain. Even if your new brand is taking the spotlight, make sure the old brand is still legally protected, at least for a defined period.

Refreshing your brand is a great way to stay fresh and relevant in today’s market. But it’s also important to take care of your IP along the way. With the right approach, your brand refresh can help you stand out and continue growing in a competitive landscape while keeping your creative assets safe.