A brand consists of all interactions with a product or service and defines the relationship consumers establish. Common mistakes include jumping to design without purpose, no brand architecture, mixed messaging from inconsistent execution. The brand building process involves research, testing, maintaining consistency while evolving over time. Elements like word marks, slogans and packaging can be protected, while product information cannot. Proper protection involves searching for conflicts, registering marks, monitoring use, and annual evaluation.

2. What is a brand?
You have a brand whether you think you do or not
A brand consists of all the interactions a person has with
your product or service and defines the relationship
consumers establish with them.

3. Common Mistakes
Mistake Consequence
Jump to design first Beautiful artwork without clear purpose or
communication
No established brand architecture There is no roadmap to consistent
branding with purpose
No clear purpose or mission Mixed messaging and brand confusion
No defined target audience Imagery and messaging might not appeal
to the right people
Inconsistent execution Mixed messaging and brand confusion

5. Brand Building Process
EvolveMaintainRefineTestResearch
• Primary
• Secondary
• Third Party

6. Brand Building Process
EvolveMaintainRefineTestResearch
Primary
Secondary
Third Party
Focus groups
Surveys
Friends & Family

7. Brand Building Process
EvolveMaintainRefineTestResearch
Primary
Secondary
Third Party
Focus groups
Surveys
Friends & Family
You are not
always your
target audience

8. Brand Building Process
EvolveMaintainRefineTestResearch
Primary
Secondary
Third Party
Focus groups
Surveys
Friends & Family
You are not
always your
target audience
Consistency
Consistency
Consistency

9. Brand Building Process
EvolveMaintainRefineTestResearch
Primary
Secondary
Third Party
Focus groups
Surveys
Friends & Family
You are not
always your
target audience
Consistency
Consistency
Consistency
Times change
and brands need
to evolve to keep
up

10. What can be Protected?

11. What can be Protected?
Word Mark

12. What can be Protected?
Word Mark
Stylization

13. What can be Protected?
Word Mark
Stylization
Slogan

14. What can be Protected?
Word Mark
Stylization
Slogan
Packaging Design

15. What (else) can be Protected?

16. What cannot be Protected?
Product Info
Jamaican Jerk
Snacks, Sweet,
Savory

17. Protection Priorities

18. Protection Process
ProtectRegisterClear

19. Protection Process
ProtectRegisterClear
• Search
• Early
• Registered
• Unregistered
• Opinion of
Counsel

20. Protection Process
ProtectRegisterClear
• Search
• Early
• Registered
• Unregistered
• Opinion of
Counsel
• Federal
• Prior to Use
• Consider Intl.
• Nationwide Rights
• ®
• Block Others
• Damages

21. Protection Process
ProtectRegisterClear
• Search
• Early
• Registered
• Unregistered
• Opinion of
Counsel
• Federal
• Prior to Use
• Consider Intl.
• Nationwide Rights
• ®
• Block Others
• Damages
• Watch Service
• Monitor
• Take Action

22. Common Mistakes
Risk Taken Consequence
You don’t search/ignoring search risks You can’t own the mark, you invite a
challenge, you have to rebrand
You register logo only Your logo changes, you aren’t protected
You select a descriptive mark You picked a mark with limited protection
Your mark conveys a false advertising
claim
You get sued for false advertising
You don’t use counsel You register incorrectly, you forget to
renew and lose registration
You don’t police marks More difficult to stop future infringements
You do not annually evaluate your brand
protection
Your new products aren’t covered, you
haven’t protected new marks

23. Contact:
Sarah Lanphier
Nuts About Granola, llc
717-814-9648
sarah@nutsaboutgranola.com
Brian Gregg
McNees Wallace & Nurick
717-237-5456
bgregg@mcneeslaw.com