Legal rights underpinning a brand can take various forms, such as trademarks (registered and unregistered), patents, copyrights, and trade secrets. This intellectual property will contribute in different ways to the building of a brand, but its most important attribute is that it enables business to be done under the brand. In addition these legal rights can be exercised to prevent others from infringing. Legal rights will of course vary in different legal jurisdictions. 

Legal protection can and should extend further than the brand name and logo. Good examples of this are Cadbury, which trademarked the colour purple for exclusive use on its chocolate, and Coca-Cola, which trademarked the shape of its glass bottle.

Certain measures can often be taken to strengthen intellectual property rights. For example registering a trademark gives a stronger position than an unregistered trademark. In addition there could be surplus intellectual property which could be sold or licensed off.

It is therefore worth having a good understanding of the intellectual property rights underpinning a brand and how best they can be deployed in order to maximise brand value.

Apart from intellectual property rights, commercial exploitation or usage of a brand is where value is really created. This is where customers both in the trade as well as consumers regularly work with and encounter your brand in practice. This is where your brand's values are realised with the support of the communications mix, from advertising, point of display to PR. Such business should be supported through strong contracts and relationships.