How to Create a Trade Mark, Protect it and Build your Brand

SECTION OVERVIEW

CHAPTER 1

In this section you will learn how to go about creating a trade mark. The misconceptions regarding a limited liability company name. You will see that it does not have the same scope, or benefits, of a registered trade mark.

Similarly, a domain name registration also has limitations. Its shortcomings should be fully understood and appreciated.

A Business Name Registration (a stipulation that relates only to the Republic of Ireland) does not give you permission to use that name in trade. Nor does it bestow exclusivity on that name.

You will appreciate how all of this impacts on you when you begin the task of creating your own brand.

CHAPTER 2

In this section are more examples that highlight the shortcomings of a limited liability company name and business name registration as compared to the benefits of a registered trade mark.

The value of a domain name is explored along with its vulnerability and the need to take further steps to protect its long term rights.

All this builds on what has gone before and expands your knowledge base.

CHAPTER 3

On these pages we go through all of the steps that are required to check out the branding you aim to use and how to secure the exclusivity you want.

CHAPTER 4

This section explains all about the Community Trade Mark. This facility allows you, with just application, to seek protection of your mark in all 28 (as of now) member states of the EU.

CHAPTER 5

We now concentrate on the creative process of devising a trade mark for the goods or service you wish to brand and protect. In so doing you are now more fully armed with all that you have learned from the previous sections.

You know that to obtain registration of your new branding you have to comply with the stipulations itemised on those earlier pages. With these in mind you start to work on the daunting task of being truly creative.

CHAPTER 6

On these pages are examples of how, by creating a clever trade mark, the attention of the consumer was immediately captured. It was also the ideal platform for widespread media coverage. These will act as a guide, and perhaps an inspiration, for you when you undertake the task of trade mark creation.

CHAPTER 7

Beginning below on this page is an article that was part of a series. It refers to a seminar I delivered to a large audience of business people. I have added bold statements throughout the article to emphasise each of the various forms trade mark registration can take. It will also assist you when revisiting the subject and working on your own project. By using them you will add greatly to the recognition and memorability of what it is you are marketing.

CHAPTER 8

There is another side to the branding story of which you should be aware. I referred to it in another article I penned some time back. Here are extensive details of costly issues to be avoided and matters to be mindful of in respect of your business.

Here is a selection of very interesting stories related to very well-known brands with international reputations. Mistakes made and some which were overcome.

CHAPTER 10

Some very important information regarding Domain addresses. The pros and cons associated with them and the essential understanding you should have of their value and use.

CHAPTER 11

How many of the most recognised trade marks came into being

CHAPTER 12

Recap on what you have learned and how this assists you in reaching your objectives

PROFILE

Liam Birkett is changing the way many people and firms do business. No matter the size of firm or the budget one has, he brings a refreshing enthusiasm, insight and expertise that creates and turns business ideas into reality.

Liam’s career began in office management then evolved into sales and marketing. He was involved in the launch of Mace and VG group in Ireland. His experience extended into wholesale, retail, cash & carry, and consultancy on a national and international basis before moving to O’Kennedy Brindley Advertising (later to become Saatchi & Saatchi).

With colleagues from the advertising agency, he founded Bernardini, Birkett & Gardner Ltd, a design & marketing consultancy which, for more than 20 years was responsible for corporate identities and many marketing initiatives for blue chip companies as well as SMEs. This embraced branding as well as graphic and packaging projects for a long list of high profile clients. He is a past president of the Society of Designers in Ireland.

His unique skill is to see matters from a design, marketing and sales perspective. Couple this with a comprehensive understanding of Intellectual property to generate a unique way of looking at existing or new business opportunities.

He shows how dangers can be avoided, businesses can be improved, find new angles for old business, and dream up new lines. Moreover, he can demonstrate how all this can be utilised to obtain publicity for the resulting business, product or service. Again, these claims are based on results he himself has achieved.

He fits into the commercialisation slot for whatever business or service, in whatever sector, is in need of support. Many people have good ideas, products or services but do not have the ability to commercialise them and, in the absence of a worthwhile promotional fund, cannot obtain essential media exposure. Liam can! Being the creator of brands and an inventor himself, he has been there, done that on all counts.

One such commission was for O’Darby Irish Cream liqueur, leading to being appointed marketing, and then managing, director of the company. He launched the product onl7 world markets overseeing its development and ultimate sale to the Bacardi Corporation. He has marketed in half the states of the United States and also worked for the People’s Republic of China advising companies on how to develop products for the West and market them over here.

Because of his depth of knowledge in Intellectual Property (IP), acquired through progressing branding and patents on behalf of clients and himself, he was asked by the largest IP law firm on the island, to market that firm. The challenge was to make the subject matter

interesting, attractive, relevant and meaningful to everyone!

For seven years he was an intellectual property consultant with the firm recording outstanding results far exceeding everyone’s expectations. During this period he was regularly on radio, TV and in newspapers and magazines. He is sought out as a pundit on such matters. He has been repeatedly asked back to