Η intellectual property is a critical area of protection for any business that wants to safeguard its rights. In the context of trademarks, the correct registration and management of the trademark ensures that no one can use your brand without permission.
Brands are an important asset of a business and help to build consumer confidence. An effective protection strategy prevents counterfeiting and provides legal cover against third parties who may try to exploit a company's reputation.
What is the role of intellectual property in trademarks
Η intellectual property includes any creative work or distinctive feature belonging to an organisation or individual. In the case of trademarks, the protection concerns:
- Names of businesses and products
- Logos and graphic elements
- Slogans and phrases related to the brand
- Specially designed colours or packaging
When a trademark is registered, it acquires legal protection that prevents its use by third parties. The right management of intellectual property ensures the exclusivity and long-term value of the brand.
How to register a trademark to protect intellectual property
To ensure full protection of your trademark, registration must be done with the appropriate bodies. There are three main ways of protection.
1. National protection (Greece - OBI)
In Greece, trademarks are registered through the Industrial Property Organisation (OBI).
The procedure includes:
- Checking availability of the signal.
- Submission of a registration application.
- Legal control and objection period.
- Final registration for 10 years with the possibility of renewal.
2. European protection (EUIPO - EU)
If your business operates in the European Union, you can register your trademark through the EUIPO (European Union Intellectual Property Office).
- An application offers protection to 27 countries.
- Provided by strong legal cover within the EU.
- Prevents conflicts with operations in other countries.
3. International registration (WIPO - Madrid System)
For businesses with an international presence, registration can be done through the World Intellectual Property Organization (WIPO).
- Protects your brand in 120+ countries.
- Provided by legal basis for international action against violations.
- It facilitates the scalability of a brand in many markets.
How to prevent infringements of your trademark
Even if a trademark has been registered, there may be cases where third parties try to use it illegally. To protect yourself, it is important to implement a monitoring and legal management strategy.
Basic protection measures
- Monitoring of trademarks: Check for new listings that may look like yours.
- Objections: File an objection if someone tries to register a similar name or logo.
- Cease & Desist Letters: sending legal notices to offenders.
- Complaint to e-commerce platforms: If you notice the use of your trademark on marketplaces such as Amazon or eBay, you can request its removal.
- Legal actions: If the infringement continues, you can take legal action for damages and to stop using your trademark.
Consequences of not protecting intellectual property
Lack of intellectual property protection can have serious consequences for the business. Some of the most important ones are:
- Loss of exclusivity of use of your signal.
- Possible legal dispute with other undertakings which have registered a similar mark.
- Difficulty in expanding the business into new markets without legal cover.
- Advertising and loss of customers if third parties use your brand for misleading practices.
Prevention is always more effective than managing a breach after the fact. That's why early registration and continuous monitoring of your trademark are essential.
Mistakes to avoid
- You do not register your brand in all the necessary markets.
- Do not check for violations on e-commerce platforms and social media.
- You do not renew your trademark protection after the end of the 10-year period.
- You do not lodge an objection if you find that someone is trying to register a similar mark.
Proper management and protection of a brand's intellectual property can prevent significant problems and ensure the long-term success of a brand.
What DARC Advertising can do for you
The protection of intellectual property is a key element of a business that wants to safeguard its commercial identity. The right strategy helps avoid legal problems and maintains the value of your brand.
