top of page

Understanding the Impact of Brand Protection on Your Business: Key Factors to Consider

Writer's picture: ankhikrollawankhikrollaw

Shahrina Ankhi-Krol, attorney and owner of Ankhi-Krol Law. She works exclusively with small business owners and entrepreneurs in starting, protecting, and expanding their businesses and brands.
Shahrina Ankhi-Krol, Esq., Owner of Ankhi-Krol Law, a boutique law firm working exclusively with Small Businesses.

Many business owners place a heavy emphasis on building a brand that resonates with their target audience, often investing significant resources into marketing, design, and customer engagement. While these efforts are crucial for establishing a strong market presence, there is a growing tendency to overlook the importance of protecting the very foundation of their brand - its intellectual property ("IP"). Without securing trademarks, copyrights, and other legal protections, a brand remains vulnerable to infringement, copycats, and legal disputes that can undermine years of hard work and investments. A balanced approach that prioritizes both brand creation and protection ensures long-term success and minimizes risks that could jeopardize the business's reputation and growth.


After nearly one and half decades of working exclusively with small business owners, it is apparent that many business owners focus more on creating a brand than legally protecting it due to a combination of excitement, priorities, and misconceptions. Here are some common factors contributing to this trend:


1. Creative Passion Takes the Lead

Entrepreneurs are often deeply invested in the creative aspects of building their brand identity, such as designing a logo, website, and marketing materials. This process feels tangible and directly tied to their vision, making it their primary focus.


2. Immediate Business Needs Dominate

New business owners are typically more concerned with generating revenue, gaining visibility, and acquiring customers. They see brand-building as a means to those ends, while legal protection might feel like a secondary or less urgent matter.


3. Underestimating the Risks

Many entrepreneurs don’t fully understand the risks of not protecting their brand legally. They might assume their business is too small to attract attention or believe no one would infringe on their IP.


4. Misconception of Cost and Complexity

Legal protections like trademark registration are often seen as expensive, time-consuming, or only necessary for large businesses. This misconception leads business owners to delay action until they believe their brand is "worth" protecting.


5. Short-Term Focus Over Long-Term Strategy

In the early stages, the urgency to launch and grow the business can overshadow long-term considerations like IP protection. Some entrepreneurs prioritize branding as a way to build momentum, planning to address legal protection later.


6. Lack of Awareness

Many business owners aren’t fully aware of what legal protections exist or how critical they are. For instance, they might not know that failing to trademark a name early could lead to costly disputes or even the loss of the brand identity they’ve built.


Why It’s a Problem

Focusing solely on creating a brand without legal protection leaves businesses vulnerable to:

  • infringement claims if their brand inadvertently conflicts with another protected trademark.

  • loss of rights to their name, logo, or other IP if someone else registers it first.

  • costly rebranding efforts if they’re forced to change their identity mid-growth.


There are many real-life examples of businesses losing the rights to their brand names due to a failure to protect their intellectual property or disputes with other trademark holders. While the modern goal is for a brand to go viral, it is a double-edged sword as once the proverbial cat is out of the bag, it becomes increasingly difficult, if not impossible to retroactively protect your IP.


The Balance

Business owners need to understand that creating and protecting a brand go hand in hand. Legal protection, like trademark registration, is an investment that secures the value of the brand they’re building and prevents future problems. Informed entrepreneurs make smarter, more strategic decisions.


When is the best time to protect your IP? As soon as possible. It is important to remember that IP protection can be time-consuming. The sooner you get started, the better off you and your brand will be in the long-run. If you haven't yet consulted with an Intellectual Property Attorney, this is your sign. You can schedule a consultation here: Intellectual Property Law Consultation.


Safeguard your business and brand

If you are ready to embark on the ever-rewarding challenge of starting, protecting, and/or expanding your small business, contact Ankhi-Krol Law. Ankhi-Krol Law is a boutique law firm located in the heart of New York City. Founded in 2012, Ankhi-Krol Law has become a leading legal service provider that caters exclusively to the needs of start-ups, small businesses, and entrepreneurs all over the country. 


The firm's areas of practice are: Business, Contract, Trademark, and Copyright


Shahrina Ankhi-Krol, Esq. has been selected as a Rising Star Super Lawyer for nine (9) years. It is a recognition given to no more than 2.5% of attorneys in each State, each year. 


If you found this article to be helpful, please share with your friends.


Need help with your small business?


Follow on social media:

Comments


 The material on this website is for informational purposes only, is general in nature, and is not intended to and should not be relied upon or construed as legal opinion or legal advice regarding any specific issue or factual circumstance.

Past results do not guarantee future outcome.

Appointment is required for office visit.

​

info@ankhikrollaw.com

(212) 729-6153

1460 Broadway, New York, NY 10036

​

NYC Law Firm focusing exclusively on the needs of small business owners and entrepreneurs.
New York City Law Firm focusing exclusively on the needs of start-ups, small business owners and entrepreneurs.
New York City Law Firm focusing exclusively on the needs of start-ups, small business owners and entrepreneurs.
New York City Law Firm focusing exclusively on the needs of start-ups, small business owners and entrepreneurs.
New York City Law Firm focusing exclusively on the needs of start-ups, small business owners and entrepreneurs.
New York City Law Firm focusing exclusively on the needs of start-ups, small business owners and entrepreneurs.
  • Instagram
  • Facebook
  • Twitter
  • LinkedIn

Attorney Advertising

©2024 by ANKHI-KROL LAW

bottom of page