Monthly Archives: December 2024

Rebranding

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There are several reasons why a business might need to rebrand a product — to resolve a dispute over the brand; to continue after the termination or expiration of a license; or to refresh (or rehabilitate) the product’s image. Whatever the reason, rebranding requires careful planning and diligent execution.

  1. Select a new brand. Define the unique selling proposition and core brand values. Brainstorm and generate brand name ideas. Shortlist brand name candidates, focusing on those that are easy to pronounce, spell, and remember. Research meanings of the candidate brands. If you plan to sell internationally, check for any potential issues in other languages or cultures. A name that’s great in one country might have unintended meanings in another. Screen for availability as domain names (for your website), trademarks (to protect intellectual property), and social media handles. Screen the candidates for legal availability. Test the remaining candidates with the target audience. Make your selection(s).
  2. Develop the new brand. Revise the logo, color scheme, typography, and graphic elements. Create brand guidelines defining the rules for using brand elements to ensure consistency across all channels. Create a brand story with a compelling narrative that reflects the new brand identity and resonates with the target audience.
  3. Refresh the product and packaging. Consider changes in product features, packaging, or benefits. Update the design to reflect the new brand identity, attract the target audience, and ensure consistency.
  4. Protect the new brand, product, and packaging. File trademark applications on the new brand, pursue appropriate trademark, patent, and copyright applications on the product, packaging, and marketing materials.
  5. Update company documentation: Ensure that internal documents (e.g., contracts, presentations) reflect the new brand.
  6. Update Digital Presence & Online Assets. Update website and social media profiles, ensuring the new brand is reflected across digital platforms. Revise SEO and content strategy, optimizing the website and digital content to align with the new brand and improve search rankings. Ensure consistent messaging by updating content on blogs, social media, email templates, and digital ads to reflect the new brand. Update any e-commerce platforms, including product listings, descriptions, and images to match the new brand. Revise frequently asked questions and other support documents to match the new product identity.
  7. Create new advertising. Develop new ads, brochures, and promotional content reflecting the new branding. Organize product relaunch events, online webinars, or media outreach. Collaborate with influencers and media.
  8. Communicate with existing customers. Send out personalized communication (e.g., email or newsletters) informing customers about the rebrand. Ensure that brochures, product manuals, and customer support documents reflect the new brand. Address potential concerns about product quality or customer service during the transition.
  9. Address legal and compliance considerations. Revise any licensing, distribution, or partnership agreements to reflect the rebranded product. Verify that all new packaging, advertising, and product claims comply with industry regulations and guidelines.

Rebranding is a complex process that requires careful planning, collaboration, and a focus on consistency across all platforms. A well-executed rebrand can rejuvenate a product, attract new customers, and increase market share.

More for Less

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Effective January 18, 2025, the USPTO filing fees for trademark applications are going up, as illustrated  on this chart:

 Until January 17, 2025After January 17, 2025 
Use-based application in one class using standard descriptions of goods and services$250$35040% increase
Use-based application in one class, using freeform descriptions of goods and services$350$55057.1% increase
Intent-to-use application in one class using standard descriptions of goods and services + Statement of Use*$250 + $100$350 + $15042.9% increase
Intent-to-use application in one class, using freeform descriptions of goods and services + Statement of Use*$350 + $100$550 + $15055.6% increase
*This does not include the fees for one or more six-month extensions of time which are $150 per class per extension, and starting January 18th will be $200 per class per extension

 In addition, there is a new $100 surcharge per class if any of the twenty “Requirements for a base application,” as provided in 37 CFR § 2.22(1) through (20) is omitted, and an additional fee of $200 for each additional group of 1,000 characters in the free-form text box beyond the first 1,000 characters.  Thus a mistake or omission can bump the fees for a new single application to $450, and a lengthy description of goods and services adds at least another $200.

One way to minimize government filing fees are to make sure all of the requirements for a base application are met.  This may be more difficult than it sounds, because it includes providing a description of the mark, describing all colors in the mark and their locations; providing an English translation of any non-English wording, and providing a transliteration of any non-Latin characters, compliance with which is at least somewhat subjective.

Another way to minimize government filing fees is to select the descriptions of goods and services from the Trademark ID Manual (TMNG-IDM).  The ID Manual is often lacking, particularly with respect to modern goods and services. This can be managed with some advance planning – requesting that your goods or services be added to the ID Manual.  This is easily done by emailing the name of requester, the email address of the requester, and the proposed identification (no more than 25 words) to [email protected].  No more than three proposals should be submitted in a single email, the proposal(s) should be of use to other applicants (and not just the submitter), and proposal should not be for a description that has been rejected by an Examiner.

A final way to minimize government filing fees is to file separate applications for classes using descriptions from the Trademark ID Manual, and classes needed a freeform description of goods and services.

The fees for maintaining issued registrations are also increasing:

 Until January 17, 2025After January 17, 2025 
Section 8 Affidavit of Use (between the 5th and 6th Anniversary of registration) per class$225$32544.4% increase
Combined Section 8 & 15 Affidavits of Use (between the 5th and 6th Anniversary of registration) per class$225 + $200$325 + 25028.1% increase
Section 8 Affidavit and Section 9 Renewal per class$225 + $300$325 + $32523.8% increase

Avoiding Trademark Scams

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There is a surprisingly large industry that profits by scamming trademark owners by sending official-looking invoices that mention the recipient’s trademarks, and hoping that the recipient will be fooled into paying it.

How do you avoid getting scammed — often for several thousand dollars? Ask your trusted trademark counsel about any suspicious trademark invoice. What makes a trademark invoice suspicious? First and foremost, did it come from your trusted trademark counsel? Here as some other things to look for:

  • Is the return address a post office box?
  • Is the return address from a city remote from the USPTO?
  • Is the return address from a foreign country?
  • Does the document refer to an “offer” or “solicitation”?
  • Does the document refer to “listing” your in a directory or publication?
  • Is there a portion to clip and return?
  • Does the URL or email address end in .org or.biz or another unusual domain?

Be careful and only deal with your trusted trademark counsel.