The recent announcement that South Ocean Holdings is changing its name to Cables 4 Africa Holdings is an interesting reminder that rebranding an established business is far more than a change of name or logo. A brand developed over decades carries with it substantial goodwill, customer recognition, market perceptions and, importantly, intellectual property rights.

From a trade mark perspective, existing rights may need to be assigned, licensing arrangements reviewed, and the ownership and use of the new brand properly structured, particularly where multiple entities operate within a group. There is also the question of what happens to the old brand. Simply abandoning a trade mark and company name can create its own complications, particularly if third parties subsequently seek to adopt or register it.

Perhaps one of the more overlooked challenges is the need to rapidly establish a trade mark portfolio around the new brand, often across multiple jurisdictions and classes. Ordinarily, a business builds its trade mark portfolio organically, expanding protection alongside its commercial growth over many years. An established business undergoing a rebrand does not have that luxury.

Its new brand effectively enters the market at penthouse level, rather than working its way up from the ground floor. Its trade mark protection needs to keep pace with that reality. A rebrand may introduce a new identity, but it does not mean the business is starting from scratch. Its intellectual property strategy should reflect that.

How KISCH IP Can Assist

Businesses considering a rebrand should ensure that intellectual property considerations form part of the planning process from the outset. KISCH IP's Trade Mark Department assists clients with trade mark clearance, registration, portfolio strategy, ownership and commercialisation issues to help safeguard brand value and support a seamless transition to a new brand identity.