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Hello everyone! You’ve ventured into the exciting world of online business and created a brand that’s close to your heart. You might have already discovered that the game can be a bit rough, with some fierce competitors lurking around. That’s where we come in to share the secrets of surviving in the digital marketing jungle.
Imagine your brand as a precious work of art. You wouldn’t let just anyone touch it, would you? This is where brand protection makes perfect sense. Once you’ve registered your brand with the INPI, you obtain a golden ticket to the magical world of exclusive rights and the ability to oppose any brand that dares to get too close.
However, staying vigilant is essential because the counterfeiting industry has become a true empire. Billions of dollars are at stake, and counterfeiters are getting increasingly creative in imitating your precious creation.
Understanding the Basics of Brand Protection
Before discussing defense, it’s crucial to understand what a brand really means for a business.
What is a brand?
Imagine your brand as your company’s unique signature, its digital footprint, its personality. It’s what sets it apart from others in the vast sea of digital marketing. A brand can take many forms: a name, a logo, a slogan, a color, a typography, or even a combination of these elements.
It’s more than just a word or an image. It’s a promise, an experience, a reputation. It’s what customers instantly recognize, what makes them smile, think, or take action.
Why protect your brand?
Now that you have a clearer idea of what a brand is, let’s talk about the need to protect it.
Counterfeits represent 2.5% of global trade, and they show no mercy. The most powerful brands, such as Nike and Louis Vuitton, are prime targets. Counterfeiters exploit the trust consumers have in these brands to line their pockets.
Counterfeiting is like someone slipping into your skin and taking your place at a party without an invitation. It’s the imitation of your brand without your knowledge, and it can hurt both your wallet and your ego.
What’s even worse, if you don’t take the necessary steps to protect your intellectual property, your brand can lose its distinctive character, which is akin to stripping it of its soul. And that’s a tragedy in the world of marketing.
So, dear readers, as you’ve understood, brand protection is like locking the door to your house to prevent intruders from entering and devouring all your cookies. It’s your first line of defense against copycats and impostors. Stay with us to learn how to do it like a pro.
Choose the Right Brand
Now that we’ve laid the groundwork, let’s move on to the crucial first step in protecting your brand.
Find the Perfect Name
Choosing a brand is like picking the name for your first pet. It should be memorable, unique, and reflect your personality. However, be aware that the INPI, the official registration body, isn’t a fan of generic terms. Naming your café “Café” is out of the question; that would be a bit too simple.
Before you become attached to a name, do a quick search on Google, your best friend. Ensure that no one else has already chosen it. Imagine the confusion if you open a shoe store called “Zapatos” in a neighborhood where there’s already another “Zapatos”!
Create a Unique Brand
Standout brands are often those that are arbitrary and out of context. Think of BlackBerry for mobile phones or Apple for computers. These names aren’t directly related to their products, making them unique and memorable.
Sometimes, companies go even further and create fictional brands, like Kodak, Verizon, or Viagra. These names have no prior meaning, making them even more distinct. It’s like inventing a name for a character in a novel: it should sound right and stand out.
Who Has the Right to Register a Trademark?
The good news is that this process is accessible to almost everyone. Whether you’re an individual, a freelancer, a business, an artisan, or another entity, you have the right to register a trademark. In other words, it’s open to both natural and legal persons. So, whether you’re a lone wolf or a whole pack, trademark registration is within your reach.
However, if multiple individuals or entities are involved in registering a trademark, a common representative will need to be designated to oversee the process. This representative, often a specialized company or a law firm, will act on your behalf. Think of them as the guide leading you through the trademark registration jungle, steering you clear of pitfalls and obstacles.
How to Check If a Brand Is Available?
Your marketing team’s creativity knows no bounds, but sometimes the brand of your dreams may already be taken. Imagine having your basket of dreams filled to the brim, only to discover that someone else has already picked all the cherries!
To avoid such disappointments, it’s highly recommended to check if the brand is available before registering it. Otherwise, you risk legal action from the current trademark holder, and that can be costly.
Fortunately, to prevent such mishaps, you can inquire about the availability of a brand on the INPI website. However, keep in mind that this service is not free. But it’s better to pay a small amount to avoid trouble later on, isn’t it?
Read also : How to Start a Business in 2023: All the Steps
Register Your Brand
Alright, you’ve found the perfect name for your business, a name that resonates like a symphony in the world of marketing. Now it’s time to take a crucial step to protect this melody: official registration.
The Treasure of Trademark
Registration Imagine trademark registration as a treasure chest. Once you deposit your precious brand there, you get the key to a world of exclusivity. No other eager soul can use your treasure without your permission. It’s a bit like being the king or queen of your brand’s kingdom.
The Nuances of Protection
Now, there are a few important details to keep in mind. The protection provided by the INPI registration has its peculiarities:
- A 10-year renewable period: Yes, you read that right, 10 years of peace of mind, renewable. It’s like having a subscription to peace of mind.
- Limited products and services: This is where it gets a bit more complicated. Trademark registration limits the monopoly of use. You must carefully choose the sector of activity for which you want protection against counterfeiting. It’s like choosing the puzzle pieces you want to protect in your kingdom.
So, by registering your brand, you erect a powerful barrier against potential invaders. You lock up your treasure and ensure that only you can reap its rewards. Stay tuned for the next step in this epic quest to protect your brand like a pro!
also read: How to make sure you find the right niche product?
Monitor and Defend Your Brand
Congratulations, you’ve registered your brand. But the adventure doesn’t stop there. Once your treasure is protected, it needs to be safeguarded from raiders and thieves.
Imagine your brand is like a secret garden. You hold the key, and you’ve planted beautiful flowers inside. However, the park’s guardian, the INPI, doesn’t check every moment to see if other gardeners are sneaking in to plant the same flowers. That’s why regular monitoring is essential.
Entrust the Mission to a Legal Platform
Maintaining constant vigilance with a limited team can be quite a puzzle. This is where the superheroes of brand protection come into play: legal platforms. These service providers have an arsenal of software powered by an extensive database.
They watch day and night, scrutinizing every registration at the INPI. As soon as a similar brand appears, you’re alerted faster than lightning. It’s as if you have an army of guardians watching over your treasure.
Receive Your Monthly Report
Each month, like a battle report, you receive a detailed report. It lists all the brands that could be intruders in your secret garden. As a bonus, it indicates the level of risk that each registration poses to your business. It’s like having a radar to detect potential intruders.
However, keep in mind that this monitoring only covers brands registered with the INPI. Many counterfeits remain in the shadows. That’s why, even if your garden is well guarded, you must always stay vigilant.
If, unfortunately, you discover that someone has stolen one of your flowers, you can take action. This is called a “trademark infringement action,” and it’s your legitimate right to protect your precious garden.
