Brand protection refers to the process by which a business tries to stop the counterfeiting of goods, protects its intellectual properties such as logos, taglines, website URL, and social media pages.
Maleficent intent prevails in society, and people wish to make quick and easy money at the expense of others. It is the main cause of the thriving adulterated market. Copyright piracy, patent theft, fake products, domain name claims, imitation websites, and social media fake profiles are a few ways of attacking your brand.
Let us check a few mistakes that companies commit concerning brand protection.
Using the TM symbol incorrectly:
At times companies tend to use the TM symbol for the brand name, logos, etc., without registration. It is applicable in your local area but does not give legal protection. If another company registers your logo or slogan as its trademark, then you may not be able to fight back.
Businesses that are aware of the importance of trademarks, often opt for filing an intent-to-use (ITU) trademark. But it is mandatory to start using it and produce a statement of use document within 36 months of approval. Therefore, companies must have a launch plan while applying for registration.
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Mistakes while filing:
Your trademark needs to be distinct. At times, you may get approval for a trademark from the registering authority. But a similar symbol may be present already. Now, chances are there that you get a ''cease and desist" letter from the other company. You might even face lawsuits. Therefore, one has to analyze not only the processes, like how to trademark a phrase, but proper checking of the IP register is a must. It is your responsibility to have trouble-free branding.
Registering under the wrong class:
While registering for a brand label, you will have to choose the class for both products and services. The trademark can become invalid if a wrong class is chosen. So, a business can no longer offer protection for its goods.
It is also a possibility that newer products or services do not fall in the same category as the trademark registered. In such scenarios, the only feasible solution is to submit a fresh application.
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Failing to monitor:
Once you get approval for the trademarks, you will have to safeguard it. The company needs to be alert and should not allow infringement. So, detecting attempts to tamper is the first step in brand protection. Checking google search words and images could show if someone is trying to use your trademarks. Furthermore, one needs to keep an eye on the official register and detect similarity issues in new trademarks. Today, one can utilize advanced technologies like machine learning for keyword monitoring and pattern recognition.
Ignoring trademark threats:
Suppose one knows that there exists another company that has a similar logo or tagline. If you choose to ignore the issue presently, then you will be wasting time and money on trademark disputes later on.When you have an international business, the problem becomes more severe. In the foreign land, the law might support indigenous users more.
At times issues may arise during the registration stage also. If a company does not respond to an office action within six months, then the authorities have the right to cancel the application. Office action is the clarification that the registering body seeks regarding the trademark application. By ignoring it, one ends up paying additional fees for restarting the process.
Not adhering to legal opinions:
Branding is the essence of marketing. But companies should not undermine the role of the legal team in making it a success. Legal knowledge is essential in every stage of branding. It begins with choosing a name or logo and has a significant role to play in monitoring, risk-assessment, and brand protection.
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Not concentrating on online brand protection:
We live in the virtual world of mobile phones. We get all the relevant info and updates from social media. The company website and social media pages are also a part of its intellectual property. So, one should not allow someone to use the domain name or copy the social media profile. Counterfeiters could effortlessly harm your customer reputation via online medium.
If creating a brand is a strenuous task, then equally challenging is brand protection. As protective measures, businesses have to register their intellectual properties and sign NDAs (non-disclosure agreements) with all the partners. Regular monitoring of trademarks and fighting rogue websites are also crucial steps in brand protection. One must keep in mind that negligence in these aspects could lead to both revenue loss and reputation damage.
The equally essential part is a strong social media presence. There, one could directly interact with customers and get their feedback. One also gets to educate the buyers regarding the brand. It is the quickest route to regain customer trust, in case of the emergence of fake products, profiles, etc.