Rebrands and redesigns—how marketers can protect their IP during a refresh

Mtn Dew recently announced plans to restore the full spelling of Mountain to its name with an updated look that gives a vibrant nod to the drink’s past. The updated visual identity, set to roll out next summer, is part of a broader revitalization program for the beverage line, which recently brought back its famous “Do the Dew” tagline, claimed Mountain Time as its official time zone and introduced the “Mountain Dude”—a burly 1970s mountain man sporting a lime-green fur coat and a bottle of Mtn Dew. The brand was marketed as Mountain Dew from the 1940s (when it was developed as a cocktail mixer) until 2009 when the name was changed to Mtn Dew. Returning to the full spelling of Mountain is a nod to the brand’s origins, according to PepsiCo Senior VP and Chief Design Officer Mauro Porcini, who played a role in the redesign. Originally marketed as an energy drink thanks to its sugar and caffeine content, Porcini told CNN that the new visual identity is meant to convey a “different kind of energy that’s coming from the outdoors.” Mountain Dew is one of several high-profile beverage brands leaning on nostalgia-based brand refreshes. These include Pepsi, whose 2023 rebrand saw the Pepsi name move back inside the company’s iconic red, white and blue Pepsi circle (where it sat from the 1950s into the late 1990s); Gatorade’s revival of its “Is It In You?” tagline, made famous in the 1990s with ads starring Michael Jordan; and the return of Sprite’s “Obey Your Thirst” slogan. See all of Ad Age’s 40 Under 40 honorees here Brand refreshes and makeovers are prompted by several considerations, including reaching new audiences, communicating a change in direction, differentiating from competitors or simply refreshing an outdated image. Redesigns involve input from nearly every corner of a company’s organization. While the majority of the effort in a brand revitalization comes from the creative and marketing teams, early integration with intellectual property counsel can be useful in avoiding roadblocks to the rebrand. Following are a few key considerations to help creative and marketing teams stay ahead of IP issues that could derail a revitalization or rebrand campaign: Clearance “Look before you leap” is ever applicable in a brand refresh/redesign scenario. It’s crucial to know what trademarks, logos and taglines are already in use by third parties before launching a new campaign. Even when the rebrand is merely a minor adjustment of an existing mark, it is beneficial to run a clearance search if only to identify other third parties whose marks and brand usage may be problematic going forward in light of the change. For companies with an international reach or plans to expand beyond their current borders, it is also important to clear the proposed new marks in territories where it is already operating or has plans to expand. Identifying risks early on during the clearance process can help marketing teams easily pivot or swerve to avoid roadblocks to the rebrand. Global protection It is helpful to consider global trademark portfolios when planning for a rebrand—especially when managing the project budget—since costs for new trademark filings can increase exponentially when multiple countries are in play. Cost-effective filing strategies are available through the Madrid System, which allows for a single international trademark registration to be extended to multiple countries through a single application, often at a lower price point than filing in each country. Refresh your registrations A rebrand is a great time to assess the adequacy of the brand’s trademark coverage. Were the initial trademark registrations on the principal register? Were the registrations limited to a particular color? Are any goods or services missing from earlier registrations? Are the goods and services classified correctly? As brands evolve, it’s helpful to consider whether updates to the registrations might also be to keep up with the current state of the brand and its offerings. Don’t rush to toss old trademarks Once the rebrand is underway, there may be a temptation to abandon old trademarks. If history has taught us anything, it’s that nostalgia marketing and legacy trademarks can be valuable. If a company determines that there is still value in its old marks, it may want to consider maintaining these marks (and their registrations) in some form or fashion to ensure they’re ready for prime time, if needed in the future. It’s important to remember that trademark rights in the U.S. are established through use, so any strategy for maintaining old marks should incorporate the actual use of these legacy marks. Copyrights and patents In some instances—particularly with rebrands that involve highly stylized and unique designs—it may be useful to consider additional protection measures beyond trademarks, such as copyrights and design patents. These alternatives can be especially useful where enforcement efforts might exceed the scope of protection afforded by a trademark. For brands with products that are highly susceptible to counterfeiters, these additional IP protections can be used as an added stopgap to block the import or export of counterfeit goods. By keeping these strategies in mind, companies can help ensure a seamless and meaningful rebrand or brand refresh while also shoring up valuable intellectual property assets that can prove their worth at present and hopefully for years to come. 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Rebrands and redesigns—how marketers can protect their IP during a refresh

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