Brand Consulting – Long Phan Investment Consulting Company

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Brand consultation is highly beneficial for the development of a business. The copying or infringement of intellectual property rights can significantly impact the reputation and revenue of an organization. Therefore, businesses should have a plan to register their trademarks to avoid economic and legal risks such as lawsuits. Additionally, the protection of logos and trademarks can contribute to the prosperity of a business. The following article by Long Phan will provide information on this matter for our valued readers.

Trademarks are very diverseTrademarks are very diverse

What is a brand?

In terms of intellectual property, a brand is defined as a symbol used to distinguish the goods or services of different organizations or individuals. Accordingly, a brand can be recognized and visible in the form of letters, words, drawings, or images.

Brands are categorized as follows:

  • Collective marks: These are marks used to distinguish the goods or services of members of the organization that owns the mark from the goods or services of individuals or organizations that are not members of that organization.
  • Certification marks: These are marks that the owner allows other organizations or individuals to use on their goods or services to certify certain characteristics such as origin, materials, production methods, service provision methods, quality, accuracy, safety, or other characteristics of the goods or services bearing the mark.
  • Famous marks: These are marks widely recognized by the relevant public within the territory of Vietnam.

Therefore, depending on the purpose, scale of operations, business strategy, as well as the type of products or services of a business, there will be different types of protected brands.

Why businesses need a brand?

Currently, the majority of businesses place significant emphasis on building their brand, with particular importance given to establishing and trademarking the brand. For business operations, a brand plays a crucial role, and building a brand is an effective way to enhance business activities. In this regard, a trademark, especially one that is protected, provides numerous benefits:

  • Increases the value of the business in the market by owning an intellectual property-protected brand. Registering and protecting a brand instills confidence in relationships with customers, enhancing trust from investors, customers, and the wider community towards the business.
  • Strengthens brand recognition. A trademark is the key for customers to identify products and businesses in the market, helping differentiate similar products or services from various individuals or organizations. The ability to make consumers remember the brand used by individuals or organizations is a crucial step in winning over customers.
  • Reflects the capabilities and vision of the business owner through the systematic organization and operation in support of long-term business development.
  • Minimizes economic and legal risks. Businesses with a protected trademark hold a certificate that grants them the right to demand administrative or legal action against any infringement of their trademark.
  • Avoids unhealthy competition in the market. In principle, the business that files for trademark protection first is granted protection by the state for using the trademark.
  • Businesses with protected trademarks can expand their operations through brand licensing. There are four basic types of business licensing: comprehensive business model licensing, non-comprehensive business model licensing, licensing with management participation, and licensing with capital investment participation.

Brands bring significant valueBrands bring significant value

It can be seen that building a brand holds immense significance, both materially and, in some cases, as a highly valuable asset. Therefore, right from their inception, the majority of businesses place great emphasis on developing and shaping brand identity. This is done to empower individuals and organizations to instill motivation in maintaining or enhancing the quality of products, ensuring the credibility of the brand in the market.

How should a brand be designed?

Firstly, a brand should be designed to ensure compliance with legal regulations for potential trademark registration by the state authorities.

Specifically, a trademark is considered distinctive if it is formed from one or more easily recognizable and memorable elements, or if it combines several elements into an easily recognizable and memorable whole. A trademark is considered non-distinctive if it falls into one of the following cases:

  • A mark that is solely a color without being combined with text or a graphical element, or not represented as text or a graphic.
  • A mark that goes against social order, detrimental to national security.
  • A mark in a language that ordinary Vietnamese consumers cannot recognize or remember, Latin characters, either as single letters, single digits, or two letters that are unreadable, except when presented graphically or in a special form.
  • A set of too many letters or words making it unrecognizable and memorable.
  • Latin characters forming a meaningful word commonly used in Vietnam related to the goods, services bearing the mark, or describing the legal form, business field of the trademark owner.
  • A mark identical or similar to a protected object within the scope of others’ industrial property rights.
  • Common geometric shapes like circles, ellipses, triangles, quadrilaterals, or simple drawings used only as a background or decorative line on product packaging.
  • A complex or overly intricate mark that makes it difficult for consumers to recognize or remember, featuring too many images, combined lines, and overlapping elements.
  • A drawing, image, icon, or symbolic mark that has been widely used or describes the main characteristics of the goods, services bearing the mark.
  • A mark that causes misunderstanding, confusion, or has deceptive qualities regarding the origin, functionality, quality, value, or other characteristics such as composition, manufacturing process, raw materials, or advantages of the goods or services.

Secondly, a brand should be designed from the perspective of brand identification through a message to be conveyed to customers and partners in the market. Therefore, the more distinctive, unique, and creative elements a brand incorporates, the stronger the impression it will leave on consumers.

  • The brand should be related to the goods or services.
  • The brand should be identified under a specific geometric shape.
  • The brand may contain a concise message that the business wants to convey.
  • The brand should include at least two contrasting and easily recognizable eye-catching colors.

Thus, when constructing a brand for brand identification, individuals and organizations should focus on the target customer base they aim to reach.

Long Phan’s trademark consulting activities?

Trademark consulting servicesTrademark consulting services

Long Phan provides the following range of trademark consulting services to our valued clients:

  • Consultation on the trademark design process, ensuring it serves the intended purpose of identification, and conducting pre-registration searches to avoid duplication and ensure successful registration.
  • Guidance on the sequence of procedures for trademark registration.
  • Consultation on business methods related to trademarks, as well as the derivative rights from trademarks (commercial licensing, franchising).
  • Advice on protective measures when a trademark faces infringement of intellectual property rights.
  • Consultation on leveraging business advantages through pricing strategies for trademarks and brands when contributing capital or engaging in business acquisitions.
  • Other issues related to trademarks.

In summary, maximizing the benefits of a protected trademark is a crucial consideration for business owners, both before, during, and after starting a business. Additionally, the process of trademark registration can be time-consuming and requires a thorough understanding of the procedures involved. If you require in-depth consultation and assistance with these services, please contact us at Long Phan via the Hotline: 090.673.5386.

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Trademarks are very diverse

Brand Consulting – Long Phan Investment Consulting Company