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Founders and business owners understand that a trade mark protects their company logo and brand name. However, the value of the trade mark can exceed this and substantially contributes to valuation of a start-up or an established company.
When Nike founder Phil Knight hired a designer in 1971, the price he paid for the iconic swoosh emblem $35.
The brand was valued by Forbes in 2022 at an estimated US$39.3 billion. What an amazing return on the initial $35 outlay. This establishes the importance of a trade mark and shows that a significant amount of value from a company will come from its brand and intangible intellectual property assets.
While many start-ups understandably focus on building their businesses by increasing users and customers they should not forget to also create a unique brand and ensure it is protected by trade marks in any country in which they currently have or expect to have a market for their goods or services.
Ideally the creation of a unique brand should come right at the beginning along with a minimum viable product development (MVP).  It can be expensive and time intensive to rebrand products or services because an  initial brand name was chosen without the proper due diligence. Unfortunately it is common not to pay too much attention to the trade mark due diligence process until it is too late and a company is forced to rebrand as they are mistakenly infringed an existing trade mark or they find our their chosen brand is not able to be registered as a trade mark.
It is important to have a brand creation strategy which help companies create a unique trade mark which becomes identity of their brand. It is important for business owners and start-up founders to understand that a trade mark should not be descriptive or an explanation of your products and/or service but rather it should create an unique impression in mind of customers so that they can identify your company with ease.
The best trade marks are those that are not descriptive but can be easily identified. This has the potential to create significant value and therefore increased the valuation of the company as in the Nike example.
We recommend some steps when creating a new brand.
Good trade marks are those that are not descriptive and some of the best trade marks are even made up words that have no meaning beyond the name of the brand.
Always create a short list of names and have this reviewed by a trade mark attorney.
As an example, Nike does not describe shoes, however we understand that it is a shoe brand due to marketing and brand awareness. In short, the trade mark has done what it was intended to do.
Companies like Nike, Procter & Gamble , Google and Apple all have brand values of several billion dollars. Every brand started as a small brand and small business often undervalue their own brands due to a lack of awareness. In many cases trade marks and intellectual property may not make it onto the balance sheet. It is important to remember that brands not only boost sales but can also deliver those sales at a premium price and protect margin.
Large companies have billion dollar valuations of their brands because they have protected their brand using the applicable trade mark laws. When a trademark is registered it is readily enforceable. Registered trade marks are initially registered for 10 years and can be renewed indefinitely so long as they are being correctly and continually used.
The trade mark team at IP Guardian are experts in assisting our clients’ choose the correct trade mark and ensure it is protected. If you require assistance, contact our team who would be happy to assist you with your matter.
Registered Patent and Trade Mark Attorney with significant experience obtaining all forms of registered intellectual property. I hold a Bachelor of Science in Engineering, a Masters of Business Administration and a Masters of Intellectual Property. I’m passionate about showing my clients how they can protect their brands through trademark registrations.
I found them online and initially I was bit hesitant to talk to them about my problem but when I spoke to Barry, I felt more comfortable, and he gave me all the information and advice I wanted without even thinking that I am going to give him business or not. Finally, I went with them, and they made the entire process so smooth and easy for me. john was keeping us updated with each step he was doing. I would recommend these guys for any patent or trademark related service.
I would like to express my thanks to Barry and his team at IP Guardian in Sydney for their assistance with our recent Trademark application. Barry was highly professional, readily available throughout the process and clearly communicated expectations. Barry even helped us refine our application so that we had a greater chance of success which was very much appreciated to avoid extra costs. I would highly recommend Ip Guardian for all your Trademark and Intellectual Property needs.
Barry, last week, you and your professional team, made my year (or probably my next 21 years). So thank you so much for your executive, calm yet very effective actions under extream pressure. Elias Hajjar, Director, TROLLEYON PTY LTD
Informative, understood the business, what it needed and answered questions in a friendly and approachable manner. Easy decision to continue working with IPGuardian for future trademarking
From the day I contacted Barry Meskin until now with my silly amateur questions, he has been nothing short of amazing. I actually NEVER leave reviews anywhere, but I felt the need to do so for Barry and his team. I myself am a tradie, so I felt intimidated speaking to an attorney. But the second I spoke to him on the phone, he made me feel right at home. Never pressured me into any decisions, yet when I decided to go ahead with him, he delivered what I needed much quicker than what I was expecting. I cannot speak highly enough of him and recommend his services 100%.
The team at IP Guardian have made the process extremely straight forward and easy for us to understand exactly what was required. I will highly recommend to our clients who need help with IP.
I have dealt with Barry over the years, his advice and experience has helped me greatly. Looking for to working with him and his team again. Maher.
IP Guardian helps protect words, symbols, letters, numbers, names, signatures, phrases, sounds, shapes and smells. Yes, I said smells.
We've had the pleasure to work closely with Barry for many years. He has been exceptional to deal with and has a keen focus in providing a commercial led IP "go to market" strategy for start-ups and well known brands. Makes it easy and always advises on different ways to navigate through the IP process.
Barry Meskin @ IP Guardian is an experienced and extremely knowledgeable expert in the domain of intellectual property, patents and trademarks. In addition he has been extremely responsive and very professional in all our dealings. I wholeheartedly recommend Barry's services to any business or anyone seeking advice in this area - great quality and great value.