From Teesside to Tokyo: Strategies for International Brand Management
- Thalia Stowell & Alison Orr
- Mar 6
- 9 min read
Updated: Apr 16
What is a brand?
A brand is the unique identity and perception of a business, product or service in the market. A strong brand differentiates a business from competitors and fosters customer trust and loyalty. Intellectual property rights (IPRs) play a crucial role in protecting brands, particularly in today's interconnected global economy.
The significance of protecting, maintaining and enforcing IPRs when looking to expand a brand internationally cannot be underestimated. IPRs are valuable assets that safeguard a brand's identity, enhance a company's competitive edge and create opportunities for expansion.
Registering IPRs ensures legal recognition and protection across multiple jurisdictions, making it easier to enforce rights and prevent counterfeiting and brand misappropriation. Only a few countries, such as Canada, the USA and the United Kingdom, recognise unregistered IPRs.
“Relying on unregistered rights can leave brands vulnerable as enforcement varies by country, and proving ownership without formal registration can be complex and costly.”
This guide provides a high level overview on how to protect and enforce a strong brand internationally, especially using registered trade marks and other IPRs.
Potential Challenges
Numerous challenges exist when looking to protect brands on an international scale due to complexities in intellectual property laws, market-specific risks, and the increasing sophistication of counterfeiters. Businesses expanding into multiple jurisdictions must navigate differing legal frameworks, as laws can vary significantly between countries.
“For example, China operates on a first-to-file trade mark system, where the first person/company to register a trade mark gains legal ownership, regardless of prior use.”
This has led to trade mark squatting, where third parties register well-known foreign brands to demand payment or sell counterfeit goods.
Counterfeiting is another major issue, particularly affecting luxury goods, pharmaceuticals and electronics. Research from Corsearch estimates that the global trade in counterfeit goods could reach USD 1.79 trillion by 2030, representing a 75% increase from 20231.
Counterfeit products not only cause financial loses but also pose serious safety risks to consumers. Many counterfeiters exploit gaps in enforcement, particularly in countries with weak enforcement or limited border controls.
As demonstrated in a recent European Commission paper, the rise of e-commerce and digital platforms has further complicated brand protection. Online marketplaces and social media have arguably provided easier routes for infringers to sell counterfeit goods, misuse brand names, and engage in cybersquatting (the term used to define the act of registering or using a domain name to profit from a trade mark or brand name).
Whilst many platforms have introduced systems to detect and report suspected IP infringement and means to remove counterfeit goods, identifying and taking down infringing content across different platforms and jurisdictions requires management by the brand owner, including continuous monitoring and swift enforcement, often through registration on platform brand registry systems, take down notices and/or legal action.
Having a registered IPR like a registered trade mark or patent strengthens your case to get help from online marketplaces or customs agencies to remove infringing goods more easily and cost-effectively.
Enforcing IPRs across multiple jurisdictions can also be challenging due to differences in legal remedies, judicial efficiency and enforcement mechanisms. Cultural and linguistic barriers can hinder a company's ability to detect and respond to brand misuse.
Translation issues can lead to misinterpretations, unintended meanings, making linguistic and cultural accuracy crucial when expanding into new markets.
Core Elements and Key Strategies
Protecting a brand internationally requires a proactive approach to IPRs.
Without proper safeguards, businesses risk counterfeiting, trade mark squatting, and reputational damage. Effective brand management involves securing IPRs across jurisdictions, using digital tools to combat online infringement and working with intellectual property specialists to navigate complex legal frameworks.
Businesses must remain vigilant in registering, monitoring and defending their assets to maintain market dominance and consumer trust.
We touched on the different types of IPRs available in our previous article available here.
IP specialists, digital annotation tools and product lifecycle management software can help identify the different IPRs available and opportunities for strategic growth and brand protection.
Key elements of international brand management include:
1) Securing registered trade marks and other IPRs in key markets
Identifying and understanding the available IPRs is essential for international brand management, allowing businesses to secure legal ownership and maximise commercial value of their assets.
Without knowledge and management of IPRs, companies may face legal challenges and financial losses which would hinder global expansion and success.
Trade Marks
A trade mark is a sign that distinguishes the goods or services of one undertaking from another. Doing your homework before launching a new brand name is important to ensure that you can use and register a trade mark (including any translations) at home and overseas by conducting relevant searches to check for prior rights, for example.
Registered trade marks must be distinctive and not descriptive of the goods and services claimed. It is also important to understand the type of registered trade mark that may be available to you in each country, which could be in the form of a word (including letters and numbers e.g. BMW), logo (e.g. the Nike 'Swoosh' logo), a combination of the two or other forms including sounds and three dimensional marks.
“As trade marks are territorial, obtaining protection in commercially relevant markets establishes legal ownership and prevents unauthorised use.”
Monitoring services help identify potential infringement of your marks across different territories.
The three potential strategies for filing trade mark applications are:
1) filing individual applications in each jurisdiction using local agents;
2) filing a "European Union" application through the European Union Intellectual Property Office covering all European Union member states; and/or
3) filing an 'international' application through the World Intellectual Property Organization (WIPO) where jurisdictions can be designated.
While the WIPO process is streamlined and can be cost-effective, it is only available to countries part of the Madrid Protocol and there is a five year period during which the WIPO registration is dependent on the base trade mark registration.
Priority claims allow trade mark owners to extend protection within six months of an initial filing, securing earlier rights in other countries even in later-filed applications.
Patents
Patents protect new inventions, technologies, products and processes. To be patentable, the invention needs to be novel, involve inventive step and have industrial applicability.
Patent protection is also possible for novel and inventive incremental improvements, such as compact design improvements or more sustainable manufacturing methods. Patent protection typically lasts 20 years (subject to renewal and maintenance). See 'Strategies to Secure your Innovations Globally', which provides more details on patent and international patent strategies.
Designs
A design is the appearance of the whole or part of a product including its features such as lines, contours, colours, shape, texture, product's materials and/or ornamentation.
Securing registered designs ensures competitors cannot legally copy unique features.
In the UK, whilst registered designs are available for designs that are 'new' and have individual character (a design is considered novel if it differs from prior designs by more than immaterial details and produces a different overall impression on the informed user), the criteria can differ in other jurisdictions.
“A designer may also apply for protection within 12 months of first disclosing their design to the public in the UK, without destroying novelty.”
However, other countries have a 'first to file' system, highlighting the importance of considering filing for registered IPR protection before making a disclosure.
The various editions of the Apple® iPhone®'s minimalist design, including the overall appearance of its rounded edges and camera layout, is protected through registered designs, as well as individual features such as camera layout and housing.
Companies can also consider protection for their graphical user interfaces and app icons nationally or via the Hague System which simplifies multi-jurisdictional filings.
Copyright
Copyright protects original creative works such as literary, dramatic musical and artistic pieces, sound recordings, films, broadcasts and typographical arrangements.
Unlike trade marks, copyright protection is often automatic on creation, but formal registration where available via formal copyright registries, for example, strengthens enforcement in key jurisdictions.
Digital threats, such as unauthorised use on social media and plagiarism, make copyright enforcement increasingly vital.
2) Protecting Confidential Information and Trade Secrets
Protecting trade secrets and confidential information is equally important to maintaining a brand's competitive edge.
Trade secrets include manufacturing processes, formulas and algorithms.
“Unlike patents, which require public disclosure, trade secrets rely on secrecy and strong internal control for protection.”
Famously, Coca Cola has protected its drink recipe since 1891 through trade secret laws. If improperly handled, trade secrets can be misappropriated, leading to severe financial and reputational damage.
To prevent the theft of industrial espionage, businesses should:
1) implement robust internal policies including non-disclosure agreements (NDAs) for employees, suppliers, and partners;
2) restrict sensitive information to authorised personnel;
3) implement cybersecurity protocols to prevent data breaches and hacking attempts;
4) embed employee training on the importance of confidentiality; and
5) continuously monitor and update security measures to prevent leaks that could undermine their competitive position globally.
3) Licensing and Franchising
Strongly protected intellectual property enables businesses to license trade marks, patents and knowledge to third parties, generating significant income while expanding brand presence globally.
“Licensing allows companies to grant permission to others to use their brand name, patents, design, or technology in exchange for royalties or fees.”
This is common in the technology, fashion and consumer goods industries where businesses can monetise their intellectual property without directly manufacturing or distributing products in foreign markets.
Franchising extends brand reach by allowing independent business owners to operate under an established company's name, using its trade marks, business model or operational processes. This is particularly effective for global expansion in hospitality, retail and fast-food industries.
To maximise these benefits, businesses must ensure proper agreements are in place with professionally drafted terms that cover appropriate use, protection and auditing rights, for example. This will be critical to avoid unauthorised use or disputes involving their IPRs that could devalue the overall brand.
4) Combat Counterfeiting
Collaborating with customs authorities and enforcement agencies ensures the monitoring and seizure of counterfeit goods at borders. The World Customs Organisation and Agreement on Trade-Related Aspects of Intellectual Property Rights provide mechanisms for tackling counterfeiting on a global scale.
Another benefit of registered IPRs over unregistered rights is the ability to register details with customs agencies in high-risk jurisdictions to enable authorities to intercept counterfeit goods before they reach the market.
5) Preventing Cybersquatting
To prevent cybersquatting, companies should register domain names across multiple extensions (.com,. co.uk, .org, etc) and monitor for unauthorised use of their brand online.
The Uniform Domain-Name Dispute-Resolution Policy, managed by WIPO, allows businesses to reclaim fraudulently registered domains. Digital brand protection strategies should include:
1) Monitoring online marketplaces, such as Amazon, eBay, for counterfeit listings and registering details of IPRs with brand protection systems offered by such platforms
2) Using automated brand protection tools to detect infringement
3) Setting up watching services; and
4) Filing takedown requests for infringing content.
6) Engaging Intellectual Property Specialists
Given the complexity of international brand protection, businesses should work with intellectual property specialists to protect their rights, develop enforcement strategies and conduct global brand audits to mitigate risks.
As well as securing registered IPRs at home and overseas, services extend to challenging third party rights, contract drafting and negotiation, litigation and dispute resolution, combatting online infringement by collaborating with digital platforms to remove counterfeit listings and fraudulent websites and working with customs agencies to remove fraudulent goods.
IP specialists understand the intricacies of IPRs and can tailor advice to country-specific regulations, ensuring businesses navigate legal complexities effectively.
By taking a proactive, multi-layered brand protection strategy, businesses can safeguard their brand value, maintain consumer trust, and prevent financial and reputational damage.
Securing and enforcing IPRs internationally is more critical than ever as digital threats rise, and global competition increases.
A well-protected brand can unlock significant value and ensure long-term profitability and success in the global market.
Conclusion
While the global marketplace offers opportunities for growth, it also exposes brands to risks.
IPRs are fundamental to international brand protection, providing businesses with legal rights that safeguard their identity, reputation and market position. Trade marks, patents, designs, and trade secrets are not only defensive tools but valuable assets that drive business growth.
Without robust intellectual property protection, brands are vulnerable to counterfeiting, cybersquatting, trade mark squatting, infringement and brand theft which can result in financial losses and reputational harm.
To mitigate risks, businesses must take proactive measures, including securing their IPRs in key markets, enforcing rights through legal action and collaborating with authorities to combat infringement. Implementing strong internal controls to safeguard confidential information and trade secrets is also crucial.
However, brand protection is not a one-time effort – it requires continuous vigilance. The digital landscape is evolving constantly, and infringers and counterfeiters are adopting increasingly sophisticated tactics.
Businesses must stay ahead by monitoring and third-party activities. Intellectual property specialists can help businesses navigate the complexities of international laws, different enforcement mechanisms and national nuances. By doing this, businesses protect their brand's integrity, maintain consumer trust and ensure long-term success in a competitive global market.
Brand Management Checklist
Secure IPRs | Register IPRs in key markets that align with your business strategies and future growth | |
Monitor & Enforce IPRs |
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Prevent Counterfeiting and Cybersquatting |
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Leverage IPRs | Monetise IPRs through Licensing, franchising and raising finance | |
Protect Trade Secrets and Confidential Information | Use NDAs, restricted access and cyber security measures | |
Engage IP Specialists | Seek legal expertise for international brand strategy and enforcement | |
Stay Proactive and Adapt | Regularly audit intellectual property assets and update brand strategies |
Disclaimer - This article should be used as a guide and overview only as there are often differences between international IP laws - please seek professional IP advice tailored for your business if you require it.
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