A brand is not just a logo, it is a representation of a company’s values in relation to their service or product which distinguishes them from their competitors.
It may well be the logo that is most memorable, but the brand identity system can be made up of a number of unique brand assets including: typography, colour combinations, photography and illustration styles, iconography and tone of voice. The brand identity as a whole is an important asset of a business.
If a brand is copied, even a little bit, the original is compromised. Copy-cat brands are often a lower priced, lower quality alternatives, which, if confused with the original, could lead to poor brand experience, reduced customer loyalty and decreased brand value.
Brands can be protected legally. Registered trademarks are a form of intellectual property, which can be legally protected from copyright infringement, for example, the logo or a slogan, but many assets alone, while they may be felt to represent a brand, may not be able to be protected legally.
Imitation is the sincerest form of flattery, yet when a brand has been copied, the damage may have already been done.
So what can be done to ensure that a brand is resistant to copy-cats?
Build strong brands
A strong brand is built from a brand identity system of unique brand assets. A unique name and a unique logo is just the beginning. There are plenty of other things we can do to build strong brands.
Tell a unique brand story
If the brand story is reflected in the design, it will connect with the consumer in a way that is hard to imitate. Often this is a story that only the brand can tell, for example, a story of the company’s founder, or why they founded the company in the first place. Whatever it is, if it is specific and personal to the company it cannot be easily imitated.
Avoid product centric icons and imagery.
If a brand identity reflects a product or an ingredient, there is nothing to stop the ingredient being copied. This is common with brands which are pioneers in their field. When they start out the thing that makes them unique; their USP, is that the ingredient is different – but what happens when other brands bring a similar product to market with the same new ingredient? You guessed it, the copy-cats follow, but not just the product, but the visual language as well often because the pioneer brand has set the standard.
The ingredient or product centric logos are ripe for imitation as they cannot be trademarked as they are generic and copy cat brands may have grounds to use the same imagery if they have the same ingredient. A brand needs to be built on more than an ingredient/product in order to be copy-cat proof.
Don’t be obvious
Similar to using ingredient centric imagery for a brand identity, is using generic literal imagery. This is something seen a lot in the construction industry, for example. A plumber will show taps, or a tree surgeon a tree – but using literal imagery is not going to set them apart from their competitors. Whilst it is important that a brand is clear on what service it is providing, a strong brand needs more substance to connect with consumers and become memorable.
Avoid stock imagery
Stock imagery is useful when budgets are tight, but it is important to remember that the use of the image is often not exclusive. Using stock imagery, whether photography or illustration, will leave a brand open to copying or confusion and in many ways it is a missed opportunity. In creating and designing a brand photography style or a brand illustration style, we can build more unique brand assets and further communicate the unique story of the brand in order to establish a deeper connection with the consumer.
Avoid generic claims
Generic claims are also something that cannot be trademarked. In creating branded slogans and focusing on developing the tone of voice, we can continue to develop the brand. Bringing personality and a unique tone of voice can help to add to the unique brand story in a non-visual way reinforcing it in people’s memories and deepening that connection.
Consider Typography
A unique typeface can really set a brand apart from its competitors, as when a brand typeface is designed it is owned and often licensed for exclusive use. If it is unique it will come to be associated with the brand over time, strengthening the connection with consumers. Using stock typefaces has much the same affect as stock imagery as it can be used by other brands without penalty, but if a typeface is owned by you or exclusively yours to use, it will not be copied exactly.
Consider colour
Colour is not something that can be trademarked usually and it can be tricky to navigate. Category cues can be built on colour, but doing things differently can help to establish a brand that stands out marking a destination on shelf that is easy to spot. For example, in men’s personal care, black is used to differentiate men’s products from women’s, which are usually lighter paler shades, leaving the brands within those categories fighting for our attention. Similarly, we might be used to seeing a sea of white in the fridge when we buy yoghurt, but whilst we have category cues to consider, we should also think about what the brand colours are adding to the brand story. Positioning a brand away from competitors is important but it is also important that the consumer is clear on what the product is.
Conclusion
To conclude, defending a brand against copy-cats is important to maintain brand value. But whilst brands can be protected from copyright infringement, often this is limited to the logo and slogans.
Even if a logo is a registered trademark, a strong brand is not built on a unique logo alone, although that is a good start.
A strong brand is built from the ground up, with solid foundations and positioning, telling a story that is unique from other brands. Borrowed or generic assets will weaken a brand and leave it open to imitation. Every brand asset that is created should work hard to further communicate the brand story, which if it is unique will strengthen the brand against copy-cats and deepen the connection with consumers.
Comments