Brand owners today are very conscious
and keen to protect their Intellectual Properties (IP)
with many forms of legalities or brand protection for
their brands. According to the World Intellectual Property
Organisation, IP is the intangible asset of human knowledge,
ideas or innovations expressed in any form – literature,
music, products, services and more. IP protection, which
is a part of brand protection, is more than just protecting
brands from copycats; it safeguards the intellectual
property of the brand apart from the money, time and
effort invested.
Brand protection comes in many forms and the common
protections for brands are trademark,
copyright and patent. These legal protections are still
relatively uncommon amongst many business owners in
Malaysia as most business owners do not see how extensive
brand protection can help grow their businesses and
their brands. The initial investments on brand protection
may be costly however these investments can ensure long-term
profit for brand owners. A brand that is differentiated
and protected has a higher chance to create brand awareness,
recall and loyalty; and when the brand is accepted by
a certain group of people, market share is formed and
eventually, mind share is generated. When powerful mind
share is secured, it is hard for other brands to dominate
this existing mind share. Such me-too products would
not enjoy the original, optimal differentiated brand
exposure and will be perceived as copycats.
The benefits of brand protection can be seen in many
brands, and one of such brands is Coca-Cola, which has
been ranked No. 1 brand in the world for 4 consecutive
years (2001-2005). The world-famous Coca-Cola brand
has more than a hundred years of history and most importantly
it is also distinguished and protected in many ways
that any form of duplication would only reinforce the
Coca-Cola brand. Its white logotype against a red background
and unique bottle shape are brand elements that distinctively
represent Coca-Cola, and there have been no other brands
like it. Such unique and recognisable brand elements
embedded in the minds of its target market are a form
of intangible brand protection for the brand. It was
through copyrights and trademarks of its brand elements,
the tangible form of brand protection, since its early
days – did Coca-Cola manage to retain its unique
persona and world ranking today. By protecting its brand,
Coca-Cola enjoys indisputable brand recognition worldwide
and is loved by many that it has became a culture, a
passion and created an emotional attachment amongst
its target market. And that has made
Coca-Cola the favourite soft drink
in Asia (2001
Superbrands Survey), which eventually increases its
brand value.
In today’s saturated markets, any product category
may have thousands, if not millions, of brands competing
amongst each other to get the consumers’ attention.
Brand protection does more than just protecting the
IP of a brand; it helps to maintain the brand’s
differentiated values as well. The simple rule of IP
protection is that it prohibits any copy or reproduction
of any product or service while preventing similarities
of brand elements in the same product or service category.
Thus, brand protection makes a brand exclusive and helps
to differentiate it from its competitors while protecting
the exclusivity of the IP to the brand owner.
Apple, for example, is a fast moving computer technology
company that has been enjoying great brand recognition
and loyalty ever since its rebranding
in the 90s. Although Apple faced a few hiccups after
the initial success of Macintosh computers in the 80s,
it managed to turn around low sales to high profit a
decade later. To stay competitive and differentiated,
Apple has focused on a niche of creatively-inclined
markets that require high capacity and efficient computers.
And through IP protection, Apple has managed to stay
ahead in protecting powerful yet aesthetically impressive
computers that are unique in the market. Until the periods
of its patents are over, Apple can maximise on its IP
revenue while continuously building its brand as a trusted,
creative and innovative producer of computers and Mp3
players – iPod. Currently, Apple is the reigning
top Mp3 player producer in the world with its unique
iPod collection (http://en.wikipedia.org/wiki/
Ipod). Although there have been many attempts in duplicating
the idea, such similar duplications would have only
enhanced iPod’s status as the most wanted Mp3
player brand in the minds of the target market.
Brand protection serves more than just legal acts;
it is a form of ownership by brand owners in the saturated
market. Without brand protection, the target market
would be confused by me-too brands that exploit the
look and feel of the original brand. In short, a brand
that lacks brand protection may not enjoy greater brand
revenue, no matter how well known or innovative the
brand may be in the future. A brand that protects its
IP would not be an easy target for copycats, and a protected
brand is so unique that it can give a differentiated
brand experience that is wanted by the target audience.
peopalove is a trademark of Brandington Sdn Bhd.
The peopalove brand name, brand logo, brand colour, brand
elements, brand slogan and brand category are properties
of Brandington Sdn Bhd. Other brand names, brand logos,
trademarks and tradenames used in this brandsite, if present
refer either to the entities claiming the marks and names,
or to their products and/or services. Brandington Sdn
Bhd disclaims propriety interest in the marks and names
of others.
All works published are copyrighted and any manner of
reproduction and distribution of the same are strictly
prohibited.