Our Intellectual Property Story

“Should we just pull out of the deal? If we don’t own the IP when we complete then what are we actually buying?”

Bevan and I had to ask ourselves these questions when we were going through the acquisition process of Start.Biz. The business had been trading in one form or another for 36 years when we acquired it. Its core offering was to protect other business’ Intellectual Property and yet when we came to buy it, we realised that it hadn’t taken the necessary steps to protect its own. Could this situation have been more ironic?!

The brand that the business was trading under had been in operation for over 30 years and was synonymous with the trading activity of the business itself. Whilst we had valued the business based on a multiple of profits, we were acutely aware that we were inheriting a ready-made brand with customers who had been loyal to it for decades. So, without owning the IP, we were putting ourselves (and our families, homes etc) at massive risk by completing on a transaction and potentially buying thin air.

Poking the bear

For a variety of reasons (legal and organisational), we were in a situation six weeks before completion where we were totally unclear as to who owned the Intellectual Property.

This matter only came to light as a result of our Due Diligence – up to that juncture, the Sellers believed that any IP was owned by the business. As a result of our questioning, we had identified that there was a third party who had made claim to owning the IP and was demanding hefty sums of money to release any claim to it.

Stalemate

The acquisition had been rolling on for nearly seven months when this came to light and had been a rollercoaster mainly driven by financial challenges; the last thing we expected to potentially scupper the deal was one surrounding Intellectual Property. As we didn’t own the business, we couldn’t take the case on and so we had to work with the Sellers on overcoming this challenge.

We were at an impasse, as we didn’t want to buy a business that didn’t have ownership over its name, brand and goodwill; whilst the Sellers were not prepared to sell as had they done so without this being resolved then they would have breached the legal documents associated with the transaction itself.

The price of victory

Thankfully, our Sellers had been around the block and were savvy enough to have retained copies of all documentation and notes/recordings of verbal conversations held. As with all things though, resolution came at a cost…. The legal fees associated with successfully concluding the matter were over £10,000 and delayed completing on the deal by more than two months.

We had finally overcome our last hurdle albeit we were poorer, a bit more stressed and with some more grey streaks in our hair!

Most importantly, we were able to buy the business and focus on driving it forwards rather than being laden down with legacy issues that would have hindered our growth and profitability in the first 12 months after we owned Start.biz.

So what?

Peace of mind and ultimately an ability to reap the rewards of a lot of hard work.

IP is often sold on the basis of fear when it should be sold on value. Now more than ever, brand identity and messaging are critical in generating goodwill and market value for businesses. Protecting IP preserves a business’ value and all of the blood, sweat and tears that has gone in behind the scenes to make that happen.

In our case, had this matter not been resolved then the deal would have fallen through, and the Sellers would have been left with a business that they couldn’t sell having spent 36 years building it up. All for what should have cost no more than £500 – £600 to protect in the first place. When the stakes are so high, the question to ask is not “So what?” but rather “Why not?”

How to Create a Logo for Your Business

how not to use the work we created. I would ask a client to allow me to use it in my portfolio though, under strict guidelines that I’m using it as an example of my work.’

5. A lot of our small business community use sites like Fiverr to create their logos due to limited budgets, would you advise this? 

‘It’s one of those things that sounds like a really good idea in your head. What you have on there is anyone with some design software and then what happens is you start to devalue the purpose of good design. I understand small businesses have less budget but it’s like if you hired a plumber for a fiver, you probably would still have a leaky tap at the end of it.’
‘Canva is great, we use it. I would advise to pop on there and use it for social media posts. If you’re doing a lot of social content, you need templates and it’s really useful for that. I wouldn’t use it to create a logo though.’ 

6. Are there any cliché’s you would advise to avoid in logo design? 

‘When someone says ‘we just like this’. That just means nothing. If I’m presenting to my Director or a client I will always go into the full meaning behind every element I’ve used. This includes colour, typography, colour, and shapes, they all have a meaning why they are linked back to the brief and brand I’m working on.
Don’t follow trends. Trends are just trends, and they change each year but a brand is meant to be timeless. You can’t have something that’s going to fade away in a year.
‘Keep it simple but significant.’ 
Also, the use of generic symbols. Using really obvious icons in a logo, for example how many coffee shops have you seen with a coffee cup in the logo? Or dentists that use a tooth in their logo?
I don’t know if it’s a cliché, but I don’t like monograms, like two interwoven letters. If you google any two letters, you’ll come up with loads of ways that those two letters can look together, it’s very clever but generally it’s overused and it’s not saying anything about the brand.’

7. What are the biggest mistakes people make when designing a logo? 

‘It’s understanding good design. Everything from the basics of how things are aligned through to typography. Typography has so much meaning, every letter and font style has a different meaning as to why it’s those letters and those shapes and why they’re spaced out that way. Choosing a different font is going to give a whole new meaning to your brand. A number of fonts get overused because they’re safe. Designers saying not to use Helvetica has actually now become a cliché within itself.
‘The whole point of a brand is to cut through the noise of your competitors and speak to the audience you want to speak to. If you use safe design, you’ll just get lost in a sea of brands and advertising.’ 
‘People don’t really think about scaling things. I think that really matters when it comes to typography, you could have a really nice type face that looks amazing when you’re a foot away from your computer screen but when you stand 6 feet back you can’t read it. Think about how the logo will look when someone is driving past in a car, or how it looks scaled down onto a business card or blown up onto a billboard.’
‘Don’t be scared to do things a little bit differently, go against the grain. You never know where it could take you.’ 

8. What is some of your favourite branding? 

‘The IMB logo is timeless, they haven’t changed that since the 70’s and they haven’t needed to. MacDonalds are a great example of maximising the potential of your logo, even building campaigns around it. I don’t want to advocate anyone eat MacDonalds but from a branding point of view they’ve created a whole story out of that logo that really speaks to people.’
‘Ultimately it’s about communicating your brand and creating something your customers will love.’ 
You can check out Oliver’s work here
Instagram – ovr-design

Registered Design FAQ’s

WHAT CAN BE A REGISTERED DESIGN? 

A registered design can be the particular look, shape, configuration or ornamentation of a product(s).

DO I NEED TO REGISTERED DESIGN? 

This depends on if you have something unique that you would like to protect. A registered design may become essential to your business in the future and save a lot of headaches down the road. If you are unsure regarding anything to do with registered designs our expert team with over 30 years’ brand protection experience are on hand to advise. Call us on 0800 069 9090 or drop us an email to mitch@start.biz to find out more.

ARE ALL REGISTERED DESIGNS REGISTERABLE? 

No, a registered design will not be accepted if it is not distinctive enough. We will advise in our report ways in which you can make your design more distinctive and help you with your application.

IS A REGISTERED DESIGN EFFECTIVE WORLDWIDE? 

No, a registered design is only effective in the country where the design is registered. However, there are several International Conventions that exist which assists clients who wish to register a design in more than one country with one single application which are more cost effective than obtaining separate national registrations.

HOW IMPORTANT ARE REGISTERED DESIGN CLEARANCE SEARCHES? 

Registered design novelty searches are particularly important as they are the first step to determining whether the design you wish to use, and register is available to do so. We strongly recommend that, to avoid any potential conflict between your proposed design and any existing confusingly similar designs, that you instruct us to carry out a comprehensive registered design search on your behalf.

CAN I AMEND MY REGISTERED DESIGN AFTER SUBMISSION? 

No, once an application has been submitted it cannot be altered except for the owner’s name and address. It is important your application is as accurate as possible.

HOW LONG DOES IT TAKE TO OBTAIN A DESIGN REGISTERED IN THE UK? 

The initial registration process takes around 2-3 months to complete.

HOW LONG DOES A DESIGN REGISTRATION LAST? 

A registered design is renewable every 5 years for a maximum registration period of 25 years.

HOW MUCH DOES A REGISTERED DESIGN COST? 

The application fee is dependent on the number of designs included in one application. For example, it is possible to file a multi-design application in the United Kingdom. A UK design application containing one design costs £300; a UK multi-design application containing up to 10 designs costs £550 and UK multi-design application containing up to 20 designs costs £750.

The 5 Essentials of Branding your Small Business

Branding is not reserved for the international conglomerates of this world, it is just as important for smaller businesses to build a unique brand. It can be an essential tool in developing trust with an audience and it can lead to an deep affinity and loyalty from your customer base. Not to mention it can be really fun too! We’ve also included a free brand guideline template here to make creating your brand a breeze.

1. What is a brand and how does it apply to my business? 

A brand is about who you are and the direction you want your company to take. To identify what your core values are think about the below questions, not only will this inform your brand identity it will keep you focused on your goals.
Why did you start your business? This is your mission statement, the why behind your business can get lost in the day-to-day so it’s good to have this written somewhere you can see it often.
What is the USP (unique selling point) / POD (point of difference) of your company? What you’re doing has probably been done before however what makes you stand out? It could be your service, it could be your style caters to a particular audience, it could be you! Whatever it is – identify it and stay true to it.
Who is your ideal customer? This will help give direction to your product ranges, inspire you to find ways to improve your products/services and help you understand the nuts and bolts of your business e.g. price point, location, availability etc.
What branding do you like? Look at companies, competitors, personal inspiration sources and/or social media accounts you like. Marry this with your product/service and you will have the aesthetic of your brand. This point may also help you identify your POD.
What is the businesses tone of voice? This may sound a little out there but it’s designed to get you thinking about your business as a separate, objective entity. It makes writing promotional copy, social media posts and newsletters easier as well. Creating a company vernacular helps build recognition with your community and adds to your brands distinctive identity.

2. How do I create my brand? 

Branding is your logo however it is, or should I say it can be, so much more than that. Branding evokes an emotional reaction in your customer, it can turn people from total strangers into your biggest fans. In a saturated market it can be the difference between someone choosing you or a competitor. This is why it is important to spend some time developing your brand and really thinking about how you want people to feel when they see it. Using your answers from question 1 write down a few words, aesthetic choices, colours, icons, motifs and key elements that define your business to create a brief to design your branding from.

3. How do I brand on a budget? 

Once you have your brand brief you will need to decide who will realise it for you. There are a few factors to consider including; your budget, your personal design abilities, your timeframe and what your physical brand needs are. Don’t forget you can use a combination of the below.
DIY! If you feel comfortable using design software such as Photoshop or Illustrator, have the time and the inclination to create your own branding, this can be the best way to go. You can get exactly what you want and save money.
Budding designers – finding a design student, a friend with creative flair or someone that does design in their spare time can be a great option to keep costs low and get quick results. Always pay students and be clear about requirements and budgets from the outset to ensure it’s a win-win situation.
Freelancers – sites such as Fiverr, UpWork, peopleperhour and LinkedIn are amazing resources to find design freelancers. Trusted recommendations, transparent budgets and clear briefs are essential to this process, don’t forget to ask to see portfolios or past examples of work to find a good fit.
Small design agencies – if you have a little more budget consider using a local design agency. You will be able to meet with the people designing your brand, have a guiding hand through the process and (usually) end up with a solid, professional looking brand that fulfils your requirements and allows you to hit the ground running.

4. What does my company need to brand? 

The below list is not exhaustive but it’s a good start when thinking about what you can brand. Include each point that applies to your business in your brief to inform the design process.
Logo – this can include your name but it’s good to have a visual element to it that can be used by itself. This can be turned into a sticker or stamp without your name and people will still associate it with you.
Typography – keep this modern, include clever design elements and show your personality but remember to keep it legible and clear.
Packaging – this doesn’t have to be a bespoke design, you can buy generic and add a stamp or sticker to personalise it (see logo above). Other considerations for packaging should include environmental impact, ensuring the product arrives in it’s best condition if posted and personal touches like printed tissue paper, confetti and even sweets can give you that ‘unboxing video’ wow factor.
Label – adding a branded label to your product can help your customer remember you and enable them to recommend you to others. This will also add a polished finish to your products.
Merchandise – your main business may be a food vendor for example but if your brand is aesthetically pleasing enough and your customers become fanatical about your product, you can translate your branding onto all manner of commodities. This could come in as a handy extra bit of cash as well. If this isn’t the main part of your business, creating small batches using pre-orders promoted through your website or social media ensure you don’t end up with dead stock.
Stationary – for example branded letter heads will reassure your customers about your level of professionalism.
Equipment / vehicles – large vinyl stickers are easily produced and can be added to your companies assets. This provides advertising and adds a level of professionalism to your service.

5. What are and what should be included in brand guidelines? 

Brand guidelines are a visual summary of your brand. It can be an A4 sheet or two depicting your branding foundations setting a clear tone for all communications both written and visual. These are good to have saved down to refer to and use as a resource. Any visuals can be saved in png files to use for advertising, printing, content creation and social media promotion. The list below outlines what you should include to get you started.
Your principle logo – including your business name and logo (if separate) in full colour.
Visual logo – you may decide not to have your name as part of your logo and instead use a purely visual representation for your brand. Example, the tick from Nike.
Mono logo – a black and white version of your logo.
Colour palette – the core colours with pantone references for your brand.
Vertical and horizontal layouts – your logo needs to be versatile. For example, it may have to go at the bottom of a page meaning a horizontal layout would work better. It’s good to have these layouts ready to go so you don’t have to edit in the moment.
Typography – state what fonts you will use. This could include the font of your logo along with one or two fonts that work well visually with your branding.
Tagline – these can be cheesy but if it works for you it’s good to have a short sentence that sums up your business.
Mission statement – the why of your business.
Key words – when thinking of these it’s best to think about how you want the customer to feel about your service and company as a whole. You may also use words from your tone of voice ideas.
Don’ts – if you have any major ‘don’ts’ include them alongside the example of the ‘do’. Any colours, words, or layouts that you would never want are to be included as an annotation.