Grow Your Brand Like A Pro

In today's growth-focused market, businesses must innovate quickly to stay competitive. Hence, branding collaboration has become an attractive option, offering immediate impact by helping businesses reach new audiences while enhancing their brand image. Successful examples of branding collaborations include Adidas X Gucci and Rimowa X Tiffany. These brands joined forces to create mutually beneficial partnerships through co-branded products and marketing campaigns, which expanded their customer base and increased revenue. Given that brand collaborations and IP issues are closely linked, this article will guide you through the IP strategies you should consider before venturing into a branding collaboration.

IP Considerations 

A collaboration between two brands cannot happen without an agreement between the parties. There are two main types of IP-related agreements to consider when setting up a brand collaboration:

1. Joint Use Agreements for Co-branding: This agreement will serve as the guidelines for using the (new) co-brand, including its logo, tagline, and marketing campaign. It will also help brands to ensure that they are on the same page on how the co-brand was created and how it will be introduced to the public to minimize the risk of future disagreements.
2. IP Licensing Agreement: Branding collaborations can also involve the use of existing IP owned by the respective parties. In order to avoid potential disputes, an IP licensing agreement is essential in determining the scope of use, the duration of the license, termination events, and any associated royalties or fees.

Contractual Framework

Since the agreement will serve as a guide for the ongoing branding collaboration, it is important to have a clear and well-defined legal framework. Some key elements include identifying ownership of the IP, conditions for termination of the collaboration, and what happens once the collaboration ends. In addition to the issue of IP ownership, the roles and responsibilities of each party in relation to IP protection should also be outlined clearly in the agreement.  Defined expectations and responsibilities will avoid costly disputes in the future.

Best Practices

We recommend a due diligence process that includes a thorough audit of the IP assets involved. This will ensure the collaboration aligns the legal rights with your commercial goals and help you assess the bargaining strength of each party in the negotiation process.

As many IP laws are territorial in nature, seeking assistance from IP professionals from the early stage of conceptualization of the collaboration will benefit you in navigating the legal and commercial complexities. Early legal involvement can prevent costly mistakes and set the stage for a successful and legally sound collaboration. Our team of IP experts at K&K Advocates has extensive experience in helping businesses grow and is ready to support you in making your branding collaboration seamless and successful. (RKH)

Should you have any further queries on this topic, please contact us at [email protected]