Table of contents

Introduction................................................................................................... 3
Chapter 1: Brand and Branding ................................................................. 4
The elements of the brand ......................................................................... 4
Types of brands .......................................................................................... 5
The importance of branding ....................................................................... 7
Chapiter 2: Strategy of branding: ................................................................... 8
Chapter 3: Brand’s protection ...................................................................... 11
Understanding Intellectual Property ......................................................... 11
Types of Intellectual Property ................................................................... 11
The legal side ........................................................................................... 12
Conclusion ................................................................................................... 14

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 Introduction

“Products are made in a factory but brands are created in the mind”

Branding is the process of creating a unique name, symbol, or design that represents a
company or product. It is a way for businesses to distinguish themselves from their competitors
and create a lasting impression in the minds of their customers. A strong brand
Effective branding branding is important for businesses of all sizes, as it helps establish a clear
identity and differentiate a company in a crowded marketplace. It is also a key component of a
company's overall marketing strategy and can have a major impact on its success.

Involves creating a consistent visual and messaging strategy across all marketing channels,
including social media, website, packaging, and advertising. It also involves building a strong
reputation through high-quality products or services and excellent customer service.

The history of branding can be traced back to ancient civilizations, where merchants would
stamp their logo or symbol on their products to differentiate them from those of their
competitors. In the medieval period, artisans and craftsmen would often put their personal mark
or symbol on their creations to indicate the quality of their work.

In the modern era, branding has become an essential part of business strategy. Companies
spend significant resources on creating and maintaining their brand image, including
developing brand guidelines and conducting market research to understand consumer
preferences and behavior.

In the national legal side, the Moroccan regulation of Intellectual Property is based on the
following laws: law no.17-97, law no.31-05 and the law no.23-13.

In addition, the “REBRANDING MOROCCO” program was initiated by a group of artistic

directors and experts in the field of communication and branding with the aim of offering
“SME”, startups, and project leaders, a qualified service in sustainable and professional visual
identity terms, at an affordable price.

One cannot ignore the advantages of branding as it has an overall positive impact on a
company. It changes how the target market perceives the product, gives it a recognizable
identity, helps in driving new business, and compliments the marketing strategies. The
importance of branding is not only the mere brand strategy but also the protection and
enforcement of Intellectual Property rights.

So, we must ask these questions to complete the study of this subject:

- What is brand and branding?

- What is the strategy of branding and his impact?

- How we can protect a brand?

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 Chapter 1: Brand and Branding

Your brand is how others perceive your business. It’s essentially the connection that
you make with your audience. It’s your reputation. It’s what other people say about you
when you’re not in the room.
the word "brand" is used pretty loosely these days. For example, people might use the
word "brand" to talk about logos, though a logo or identity is not a brand. But really, it’s
much more than that brand is a set of intangible assets of a company, service or product.
It is a definition of an emotional relationship between customers and the business.
Branding:

Branding is a central element of marketing strategies. It is all about differentiating yourself

from your competitors. If you are not differentiated, you don’t have a strong brand. Finding
that point of differentiation and fully exploiting it will determine the success or failure of
brand.
• Branding is a strategic point of view, not a select set of activities.
• Branding is central to creating customer value, not just images.
• Branding is a key tool for creating and maintaining competitive advantage.
• Brands are cultures that circulate in society as conventional stories.
• Effective brand strategies must address the four distinct components of brand value.

The elements of the brand

Each of these essential elements make up an important piece of your brand’s puzzle that
proves to your customers who you are, why you’re better, and why they should remember
you. As a consequence, these elements create and formulate a visual, auditory, and olfactory
brand’s identity.

Brand name: Brand name refers to the word, phrases or words used to identify the company,
product, service or concept and other core values of the brand.

Logo: To simply explain, a logo is a visual trademark that identifies the brand with its design
elements.

Shape: The physical shape of any product can be very important in creating a brand identity.
For instance, the shape of Apple’s Inc smartphone (iPhone) is very distinctive. Customers can
easily spot an iPhone just because of its shape in a cluster of another brand
Theme line: A catchy theme line/tagline is very important to create a brand identity and
strengthen the brand position. Most importantly, great taglines/theme lines are long-lasting
because of their uniqueness and impact. For instance, here are some of the best brand theme
lines:
▪ McDonald’s – “I’m lovin’ it.”
▪ L’Oreal – “Because you’re worth it”
▪ Coca-Cola – “Open Happiness”
▪ Apple – “Think Different”
▪ Dunkin’ Donuts – “America runs on Dunkin’.”

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Color: Brands also differentiate themselves in the market with the help of colors they use. For
instance, red is the color for KFC, their outlets have red as a prominent color, and their sales
staff also wears red. Similarly, Subway uses green as its unique color

Graphics: Graphics don’t mean the logos; instead, they are the product designs that make a
brand look different.
For instance, the Burberry coats look different because of their red and tan plaid lining.
Similarly, you can easily identify Louis Vuitton’s luggage because of its stylized flower pattern.

Movement: Movement is another brand element that differentiates a product. Movement means
how a product opens, expands, shifts, or condenses. For instance, Lamborghini’s car doors
open in their trademark upward motion. Apple introduced unique screen interaction features
for iPods and iPhones. Users can enlarge any image by moving two fingers apart.

Taste: is another brand element that plays an extremely important role in creating a brand
identity for food brands. No brand can make French fries like MacDonald’s, or KFC’s secret
11 herbs recipe is a trademark taste. Similarly, soda lovers can easily differentiate between
Coca-Cola and Pepsi.

Sound: Unique tones, notes, or sounds can also help brands to differentiate themselves.

Smell: Very common in scents or fragrance brands, brands make themselves stand out with
their unique smells. For example, Chanel No. 5’s rose-jasmine-musk is a trademarked scent.

Types of brands

The type of brand used depends on the particular entity using it. The following are some of
the most common forms of brands:

• Corporate Brands: Corporate branding is a way for companies to market themselves

in order to give themselves an edge against their competition. They make a series of
important decisions in order to accomplish this, such as pricing, mission, target
market, and values.
• Personal Branding: This usually refers to branding for the individual person, as
opposed to branding a whole business. Personal branding is particularly important
for celebrities, politicians or even digital marketers who want to maintain a positive
public image (usually because it benefits them in their career to be endorsed).

Social media is a powerful tool when building a personal brand, because you have the ability
to reach wide audiences while “speaking” from a personal platform. Entrepreneurs Tony
Robbins and Neil Patel are both examples of personal branding done right; each of them
invests heavily in his online presence and has established himself as an expert in his
respective field.

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 • Product Branding: Ever notice how ‘Kleenex’ has become a word synonymous with
‘tissues? That’s because the product has reached the pinnacle of product branding
success – the type of branding that gets consumers to choose one product over
another based on the brand alone. You’ll often see logos or colors on specific items
that jump out at you; this is because you’ve learned to associate the two together as
a result of effective product branding
• Geographical Branding: This type of branding is used for specific services and
products that are peculiar to a particular region. Geographical branding is commonly
used in the tourism industry. Various countries and regions try to brand things that
make them different from other areas. Landscape, cuisine, tourist centres within a
popular region are usually advertised and eventually become associated with the
region.

For example, Hawaii is being marketed as the perfect destination to visit if you want to go to
beautiful islands lined with beaches of warm, white sand and verdant, lush flora. The state is
also marketed as the only place to experience Hawaiian cuisine, Hawaiian art, and the Native
Hawaiian religion

• Online branding: Also referred to as “internet branding”, this type of branding refers
to how you position your company (or yourself) online. This could refer to building a
website, establishing a social media presence, publishing a blog – anything that
happens on the web under your name.

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 The importance of branding

« Brand is the sum total of how someone perceives a particular organization.

Branding is shaping that perception » – Ashley Freidlin, CEO & Founder of Guild.
One should not ignore the importance of branding. It has become a necessity for
products, organizations, and even humans today. There’s no dearth of offerings with similar
properties and the only thing that separates the particular offering from the competition in
such a case is the brand.
Branding the offering should be a priority before the launch of the product in the market as it
helps to:

• Create an identity for the offering: Branding is what the product is known for besides
the generic properties. It is the unique name, color, design, and even the psychological
experience that makes the product identifiable in the market.

• Create consumer preference towards the offering: The market is full of offerings
with the same properties which often confuse the consumer to what he should buy. A
way through which consumers can confront this problem is through leaning towards
such brands which they know and trust. Popular brands are known to be safer
investments as compared to the risky ones and they provide consumer satisfaction for
the utility it provides them.

• Create a new asset and build value: A brand in itself is an asset that can be sold
separately. Wonder why Apple products cost twice as much as the competition which
sells the product with the same configuration? It’s the brand effect.

• Build trust: Branding an offering result in the professional appearance of the offering. It
includes well-strategized labels and packaging according to the legal requirements and the
planned positioning. This increases its appeal as consumers trust offerings with
a professional outlook.

• Improves pride and satisfaction: Branding the company or the offering improves the pride
and satisfaction of both the customers as well as the employees. It personifies the company
and its offerings and helps everyone who associates with it to create a deeper
connection with the brand.

• Develop marketing strategies: Marketing strategies without a brand will be nothing

but futile as there will be nothing to identify the offering with. Branding is a core part
of marketing as all of the marketing strategies have their roots in branding.

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 Chapiter 2: Strategy of branding:

Brand strategy is part of a business plan that outlines how the company will build rapport
and favorability within the market. The goal of a brand strategy is to become memorable in
the eyes of the consumer so that they decide to patronize your business over the competition
well-defined and executed brand strategy affects all aspects of a business and is directly
connected to consumer needs, emotions, and competitive environments.

Your brand is all of that and more — it's the stuff that feels intangible. Your brand is that
hard-to-pin-down feeling that separates powerhouse brands from forgettable brands.

To objectively understand a subjective matter that many marketers consider more of an art and
less of a science, we've broken down six essential components of a comprehensive brand
strategy that will help keep your company relevant for decades.

1. Identify your target audience: Your target audience refers to the specific group of
consumers most likely to want your product or service, and therefore, the group of
people who should see your ad campaigns. Target audience may be dictated by age,
gender, income, location, interests or a myriad of other factors.

As a marketer, understanding your target audience is vital. This information will define every
marketing plan and strategy you execute. Airing an ad during the Super Bowl might seem like
a great way to be seen by as many people as possible, but it is also expensive. Furthermore,
only a quarter of the viewers would actually be interested in your product. Knowing that your
target audience reads a certain publication or watches a certain show means that your ad will
be seen by fewer people, but the right people. For example, if you sell running shoes, ads in
running magazines may be a better fit for your target audience.

1. Define your Brand positioning: Brand positioning refers to the unique value that a
brand presents to its customer. It is a marketing strategy brands create to establish their
brand identity while conveying their value proposition, which is the reason why a
customer would prefer their brand over others. Additionally, brand positioning is used
when a company wants to position themselves in a certain way to their audiences in
order for customers to create associations between the brand and its value proposition.

Brand positioning is important for a company to have a clear way to share the value their brand
brings to customers. This happens both internally through a brand positioning statement and
externally through various marketing strategies to which a brand positioning statement ladders
up. Brands should address who their customer is and their value proposition within their brand
positioning statement to maintain relevancy while being realistic.

2. Create a consistent Brand identity: brand consistency is at the root of your business’s
identity. It encompasses all aspects of your marketing—from messaging to design, how
you communicate, and everything in between! Basically, any place a customer would
engage with your business digitally or in the real world should have a consistent
experience.

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When applied in marketing, brand consistency signals to customers
that your business has a strong brand identity that is easily recognizable—no matter where
they’re seeing information about your business or engaging with your brand. ALSO, Consistent
branding makes you memorable and contributes to brand recognition and builds awareness and
Brand consistency creates trust:

3. Develop a brand voice: Your brand voice will determine how you use language to
communicate your mission, values, and personality to the world. The brand voice will
keep your messaging consistent, from paid ads and organic social media content to
emails, product descriptions, and customer service portals. It will also help you foster
relationships with customers and gain their trust.

Here are some questions to get you started:

• What do you want your brand to be known for?

• What adjectives would you want customers to use to describe your brand?
• How would you describe your brand’s personality?
• If your brand were a person, what tone, words, and phrases would they use? How would
they come across ?

4. Promote your brand: Brand promotion involves informing, reminding, persuading

convincingly and influencing the buyers to drive their purchasing decision in favor of a
brand. It also focuses on building a loyal and long-term customer base.

The process involves :

• Marketing the brand name and logo rather than individual products
• Popularising the mission statement and focusing on building brand equity
• Gaining publicity through mass marketing strategies and enhancing brand perception
• Sometimes, making use of the existing customer base to promote the brand.

Establishing a strong brand requires maintaining consistency in the products or services that are
provided, in interaction with customers as well as in the message that is shared. The basic aim
is to make the customers feel that the brand can provide exactly what they need.
Brand promotion is not only beneficial to business houses but also consumers and society. It
helps the business to build a long-term brand: Sometimes help in building the overall market
share in the short term as well. It reminds the loyal customers how well the brand has served
them over the years and persuades their purchasing decision towards their branded products.

5. Engage with your audience: Passion is the key to really being able to engage your
audience!

There is no shortage of rules that relate to public speaking. Stand up straight. Speak clearly
and with enough volume. Make eye contact if you want to engage the room and on

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 and on and on. All of these areas are important to be effective as a public speaker, but they
seem to miss the mark on the most important of all presentation tips.

If you really want to engage your audience, stick to the topics that you are deeply passionate
about. The greatest thrill for an audience is to buy in to a speaker’s enthusiasm. If you are
simply delivering a book report and don’t feel passion for the topic, you can forget about
engaging your audience.

When you have this type of conviction and passion as a speaker, your hour-long presentation
will feel like fifteen minutes. Great public speakers don’t just present; they change people’s
lives!

Developing a strong branding strategy requires a comprehensive and integrated approach that
involves market research, competitive analysis, and the development of a unique and
compelling brand positioning. It is a long-term process that requires careful planning and
execution, and it is an important investment for any business or organization.

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 Chapter 3: Brand’s protection

“Intellectual Property is worth ten times More than you may think.” Sanjo Jendayi

Intellectual property refers to legal rights that protect creations of the mind, such as
inventions, literary and artistic works, and symbols, names, and images used in commerce.
These creations are often referred to as "intangible assets," as they do not have a physical form
but are still valuable to the owner.

Intellectual property law seeks to balance the interests of creators and the public by
providing limited exclusive rights to creators, while also ensuring that the public has access to
the knowledge and information contained in these creations.

Intellectual property law is an important tool for protecting the creations and innovations of
individuals and organizations, and for promoting the creation and dissemination of new ideas.
It is important to respect the intellectual property rights of others and to properly acknowledge
and credit the work of others when using their creations.

Understanding Intellectual Property

Companies are diligent when it comes to identifying and protecting intellectual property
because it holds such high value in today's increasingly knowledge-based economy. Also,
producing value intellectual property requires heavy investments in brainpower and time of
skilled labor. This translates into heavy investments by organizations and individuals that
should not be accessed with no rights by others.

Extracting value from intellectual property and preventing others from deriving value from,
it’s an important responsibility for any company. Intellectual property can take many forms.
Although it's an intangible asset, intellectual property can be far more valuable than a
company's physical assets. Intellectual property can represent a competitive advantage and as
a result, is fiercely guarded and protected by the companies that own the property.

Types of Intellectual Property

There are several types of intellectual property, including:

- Patents: A patent is a property right for an investor that's typically granted by a

government agency, such as the U.S. Patent and Trademark Office.

The patent allows the inventor exclusive rights to the invention, which could be a design,
process, an improvement, or physical invention such as a machine. Technology and software
companies often have patents for their designs. For example, the patent for the personal
computer was filed in 1980 by Steve Jobs and three other colleagues at Apple Inc.

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 - Copyrights: Copyrights provide authors and creators of original material the exclusive
right to use, copy, or duplicate their material. Authors of books have their works
copyrighted as do musical artists. A copyright also states that the original creators can
grant anyone authorization through a licensing agreement to use the work.

- Trademarks A trademark is a symbol, phrase, or insignia that is recognizable and

represents a product that legally separates it from other products. A trademark is
exclusively assigned to a company, meaning the company owns the trademark so that
no others may use or copy it. A trademark is often associated with a company's brand.
For example, the logo and brand name of "Coca-Cola," is owned by the Coca-Cola
Company (KO).

- Franchises: A franchise is a license that a company, individual, or party–called the

franchisee–purchases allowing them to use a company's–the franchisor–name,
trademark, proprietary knowledge, and processes.

The franchisee is typically a small business owner or entrepreneur who operates the store or
franchise. The license allows the franchisee to sell a product or provide a service under the
company's name. In return, the franchisor is paid a start-up fee and ongoing licensing fees by
the franchisee. Examples of companies that use the franchise business model include United
Parcel Service (UPS) and McDonald's Corporation (MCD).

- Trade secrets: A trade secret is a company's process or practice that is not public
information, which provides an economic benefit or advantage to the company or
holder of the trade secret. Trade secrets must be actively protected by the company and
are typically the result of a company's research and development (which is why some
employers require the signing of non-disclosure agreements, or NDAs).

Examples of trade secrets could be a design, pattern, recipe, formula, or proprietary process.
Trade secrets are used to create a business model that differentiates the company's offerings to
its customers by providing a competitive advantage.

- Digital Assets: Digital assets are also increasingly recognized as IP. These would
include proprietary software code or algorithms, and online digital content.

The legal side

As a matter of fact, the area of law that is most useful in providing protection to the brand owner
is that of Intellectual Property rights: branding is the process of mediation between supply and
demand; Intellectual Property rights facilitate this mediation of products with their consumers
through product recognition.

Thus, brand protection is the process and set of actions that a right holder undertakes to
prevent third parties from using its IP without permission, as this may cause loss of revenue
and, usually more importantly, destroys reputation, trust and brand equity.

There has been a fair degree of harmonization of IP laws throughout the world. Although
there may be local variations (particularly in procedure), the principles of protection are broadly
the same.

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 The WIPO (World IP Organization) treaty is crucial in this context as it’s signed currently
by 193 Member States including Morocco.

Next, the Anti-Counterfeiting Trade Agreement (ACTA) plays a major role in protecting a
brand. Its dispositions should be respected by all the signatories and Morocco is one of the
adherent countries.

The ACTA states in this matter that "effective enforcement of intellectual property rights is
critical to sustaining economic growth across all industries and globally".

Another important convention is The Agreement on Trade-Related Aspects of Intellectual

Property Rights TRIPS. Negotiated at the end of the Uruguay Round of the General Agreement
on Tariffs and Trade (GATT) and inspired by pre-existing agreements on IP specifically the
Paris Convention on Industrial Property and the Bernes Convention on literary and Artistic
Property, the TRIPE is an international legal agreement between all the member nations of the
World Trade Organization (WTO) that covers, in principle, all forms of IP and aims to
harmonize, equalize, and strengthen standards of protection, and ensure their effective
enforcement for a better branding.

Morocco, has signed the TRIPS also and is making considerable efforts to harmonize its legal
framework in terms of international IP laws.

Generally, the legal framework regulating Moroccan Industrial Property law is based on the
following laws: Law 17-97 amended by Law 23-13 on the Protection of Industrial Property
(February 15, 2000), Law 2-00 on Copyright and assimilated rights (February 15, 2000) and
Law 99-71 on Artists’ Status (promulgated by the royal decree June 19, 2003).

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 Conclusion

‘’Branding is a mixture of tangible and intangible attributes symbolized in a trademark, which,

if properly managed, creates influence and generates values’’
Once only a sign, technologies have helped to transform brands into symbols that we constantly
encounter in our natural and mediated environments. Moreover, the branding of culture marks
a commercialization of society. Almost everywhere we look, a brand name or logo appears.

By combining a scholarly approach with case studies and examples, this text bridges the
worlds of communication and business by providing a single vocabulary in which to discuss
branding. It brings these ideas together into a coherent framework to enable discussions on the
topic to occur in a variety of disciplines.

On the other hand, branding rely on building consumer trust in an organization’s products.

Globalization and communication mediums are making a wider target audience possible.

As a result, companies are investing heavily into marketing campaigns that can boost the
value of their brand.

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