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Packaging Should Star in Brand Licensing Agreements

Packaging’s importance to the brand should be carried over in licensing.

Sterling Anthony

What all consumer packaged goods companies have in common is that their most valuable assets are their brands. Brand extension is a proven means of leveraging those assets, increasing the variety of products under their respective umbrellas. A type of brand extension is licensing, wherein a company pays a brand owner for the privilege of marketing products under that brand. The licensing agreement should govern all aspects of the relationship, with none being more central than packaging.

A brand is a symbol, promising quality and value, in fulfillment of the needs and expectations of targeted consumers. A brand’s visual cues include its trade dress: name, logo, colors, fonts, slogans, and mascots, in gestalt, the whole being more than the sum of its components. The packaging conveys those cues graphically, and in many instances, is a structural cue, itself.

A brand is imbued with intangibles, the results of all the investments of time and resources expended on its behalf. Ideally, those intangibles reduce to an identity (aura, personality, etc.) that differentiates meaningfully to the consumer. For that sought-after result, the packaging must deliver at the point-of-purchase and afterward, throughout the consumer’s experience with the product. The brand owner should demand nothing less of the packaging of any of its licensed products.

Only well-established brands are licensed. Why else would another company pay to ride the coattails of an unestablished brand? Brand owners, nonetheless, should think beyond the prospect of fees in determining whether to grant licensing rights. That’s because the brand owner always has more to lose from an ill-conceived and/or ill-executed licensing agreement. Licensing is not a relinquishing of the brand owner’s control; to the contrary, the licensee should be regarded as an extension of the brand owner, with the latter exercising commensurate control and ultimate rights of approval.

Regarding packaging, an overarching consideration is the product form to which the brand is being extended. Liquid or solid, for example; uni-construction or assembly, as another example. The point being broached is that the licensed product may be of a form different from any previously marketed under the brand. When that’s the case, a likelihood is that the required packaging will be different than what the brand owner has been using. It’s less of a challenge if the brand owner has its own efficient, effective package development process, which it only needs to assign to the evaluation of the licensee’s proposed packaging.

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