Registering a trademark is an essential step in protecting the brand identity of a business. The trademark acts as a distinctive mark, preventing unfair use by competitors and ensuring exclusivity in its use.
The patenting process requires strategic, legal preparation and constant monitoring to avoid infringements. A well-protected trademark can enhance a company's brand awareness, add value to the brand and contribute to business growth.
What a trademark covers
A trademark can consist of various elements that help to identify a business.
- Name: The trade name or brand name of a product or service.
- Logo: A unique graphic element that represents the brand.
- Slogan: Phrases or words associated with the company's identity.
- Combination of these elements, if used as trademarks.
Registration of a trade mark allows the owner to use it exclusively, preventing third parties from using similar or identical marks that could be confusing to consumers.
Why trademark protection is important
Protecting a trademark ensures that a business can build and maintain its brand without facing problems with copying or counterfeiting.
The main advantages of vesting include:
- Securing legal rights: Exclusive use of the mark in the markets where it is registered.
- Preventing unfair competition: Reduces the risk of other businesses using a similar mark.
- Licensing (licensing): Provides the possibility of commercial exploitation by granting use to third parties.
- Increasing the value of the brand: A registered trademark is an asset of the company and can have a positive impact on its valuation.
Registering a trademark is an essential step for any business wishing to secure its identity in the marketplace.
Trademark registration procedure
The registration process varies depending on the target market and business strategy. Options include:
1. National registration
The registration in a country, such as Greece, is done through the Industrial Property Organisation (OBI).
Steps:
- Check the availability of the signal.
- Submission of an application for registration.
- Legal audit by the OBI.
- Publication and objection period.
- Approval and registration of the mark.
The protection applies to 10 years renewable.
2. Registration at European level
Trade mark protection in all countries of the European Union is provided by the EUIPO (European Union Intellectual Property Office).
- One application covers all 27 EU countries.
- It provides broad legal coverage and reduces the cost of registration by country.
3. International registration through WIPO
If a company operates globally, it can apply to the World Intellectual Property Organization (WIPO) through the Madrid System.
- Facilitates the registration process in 120+ countries.
- Protects the trademark in many markets with a single application.
What to do if someone uses your signal
The protection of a trademark does not stop with its registration. Businesses must constantly monitor the market for signs of unauthorised use of the mark.
If a breach is detected:
- Conduct research to confirm the illegal use.
- Send a Cease & Desist Letter requesting the cessation of use.
- Submit an objection if the infringement relates to a new trade mark registration.
- Take legal action if there is no compliance from the other side.
- Denounce the brand on online platforms, if the breach occurs on marketplaces such as Amazon, eBay or Alibaba.
A quick reaction is essential to avoid consumer confusion and loss of brand value.
Mistakes to avoid
Trademark management requires caution, as many businesses make mistakes that can lead to the loss of their rights.
- Failure to renew: The protection lasts for 10 years and needs renewal to be maintained.
- Lack of infringement control: Registration is not enough, there is a need for continuous monitoring of the market.
- Incorrect vesting: Incorrect selection of classes can lead to inadequate signal protection.
- Non-international registration: Companies with international operations must ensure that they are protected outside their borders.
Proper brand management and protection is a critical element for business success.
What DARC Advertising can do for you
Protecting a trademark is vital for any business. The right management strategy and constant monitoring of the market help maintain the rights and uniqueness of the brand.
