The Monthly IP Bulletin
A Canadian Intellectual Property & Branding Law Newsletter.

January 2016
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480 University Ave.     
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Happy New Year!
I would like to continue to discuss developing effective brand management policies.
The tangible attributes of a brand are frequently referred to as brand expression. This is the visual identity of the brand and includes the brand name and presentation of the brand name, product packaging and product advertising, among other things.
Controlling Brand Expression

It can be difficult to control the graphic presentation of a brand since many different parts of an organization may be involved. The promotions, packaging, advertising, marketing and event marketing departments as well as other areas of the organization typically deal with brand expression and will likely be managed by different individuals. In addition, advertising agencies and other outside groups frequently have a part to play in the graphic presentation of the brand.
 
Someone must be responsible for auditing and monitoring brand expression and ensuring it is consistent with the brand strategy and legal requirements. For this reason it is important to ensure that standardized presentations or templates are available and used by all relevant entities.
A brand manual can help establish uniformity in the display of the visual components which make up the brand. The manual should provide a set of written standards together with specific examples which show exactly how the brand name, design presentation of the brand name and slogans should appear in print advertising and on product packaging. The same standards should also apply to all advertising including advertisements in social media. Consistency in this context is vitally important.
The manual should deal with the following matters, among others:
(a)       brand name and presentation including specific colours to be used, size and shape of type, style and size of presentation and the relationship of the various parts of the brand name to each other;
(b)       the placement of the brand name on product packaging and in print advertising;
(c)        the placement of slogans or other corporate or sub brands when used with the brand name;
(d)       emphasizing to employees the importance of monitoring the marketplace concerning the activities of competitors, including the name of a designated contact individual to whom the information should be provided; and
(e)       providing guidelines relating to trademark use including spelling, capitalization and the use of trademark notices or legends.
Instructions relating to "use" can help avoid genericide through inappropriate use. For example XEROX Corporation requests that people refer to XEROX brand photocopies and photocopy machines instead of using such expressions as "make me a Xerox of this document".
Similar considerations apply to product packaging which must appropriately express the brand image. Master artwork templates should be developed and used.
The existence of such manuals and master art templates should be brought to the attention of all relevant employees through appropriate training programs and communications. Employees should know the rules. The use of such material can provide evidence of systematic use of the brand name and assist in establishing the extent to which the brand is known. 
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Goldman Sloan Nash & Haber LLP
480 University Avenue, Suite 1600
Toronto, ON, M5G 1V2
mckeown@gsnh.com
Direct Line: (416) 597-3371
Fax: (416) 597-3370
www.gsnh.com
 
These comments are of a general nature and not intended to provide legal advice as individual situations will differ and should be discussed with a lawyer.

 
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416-597-3371