All too often when faced with developing new packaging, designers resort to copying well-known brands. This copycat approach is known as "me too's" or if you are the brand manager of the copied product a "...... rip off."

This approach is unfortunate and is often the result of poor creativity or undue pressure from the manufacturer or retailer to get close to the brand leader.

We've all seen it and possibly been conned by it - it leaves a bad taste - sometimes literally. But legislation is now in place to prevent it and woe betide the designer who ignores it and rips off the brand.

Trade marks are registered with the Patent Office and providing you can demonstrate distinctive ownership you can register names, slogans, pack shapes, logos, colour and even sound.

The definition of a trade mark now is any sign that distinguishes one product from another.

Famous brand names such as Coca Cola guard their brand jealously. After all, after OK, Coke is the best understood word in the world. An ownable property it is also highly distinctive.

But why register? The answer is that protecting branding is much easier once it is registered. There is no need to prove established goodwill. Quite simply, a registered trade mark gives you a monopoly right to use that mark, it connects with the products for which it is registered.

Through the Patent Office you can take advantage of their search and advisory service, which is quick and inexpensive. So before you go to the expense of development you can check there are the necessary points of difference between your proposals and other registered trade marks.

So while it may be tempting to use that distinctive blue on your bar of chocolate, that bottle shape for your cola drink or even call your chocolate biscuit a Puffin beware, think again.

John Sugden is creative services director for Ian Stewart Design.

Converted for the new archive on 30 June 2000. Some images and formatting may have been lost in the conversion.