Corporate branding key to stronger enforceability

By Dheeraj Kapoor and Aniruddh Singh, LexOrbis
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Corporate branding is essentially the practice of promoting the name of a corporate entity as a brand in the larger sense as opposed to promoting a trademark in respect of a specific set of goods or services. With today’s multiplicity of trademarks in the form of brands, sub-brands, product/service-specific brands or businesses within a business, the true worth and identity of a corporate brand may get diluted.

Dheeraj KapoorAssociateLexOrbis
Dheeraj Kapoor

A corporate brand ideally should instantly conjure up not only the entire brand architecture of a particular undertaking but also all of its virtues and qualities that set it apart from others. Thus, the conceptualization and activities that go into elevating the status and image of a corporate name as a brand are typically much broader in scope than those for product and service branding. However, these different forms of branding can be meaningfully correlated and take place simultaneously.

A corporate branding strategy not only requires trademark registration for a company’s name but should also focus on acquiring rights which are congruent with the scope of enforcement. Developing and using appropriate marketing and advertising material is also vital, and in certain cases educating employees about brand usage and reporting can help prolong the shelf-life of a brand. To make the most of a corporate branding strategy, it is also essential for a corporate brand to be associated in the public eye with every brand under its shelter that has acquired valuable distinctiveness in a particular industry. Purchasers and consumers must also be sensitized to associate the brand name with a certain standard or quality of goods instead of the type of goods. The latter may give a sense of accomplishment to a business entity for a while, but it can turn out to be a serious threat in the form of “genericide” of the brand name.

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Dheeraj Kapoor is a senior associate and Aniruddh Singh is an associate at LexOrbis.

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