Brand protection is one of the fundamental pillars for any company aiming to ensure the legal security of its commercial identity. With the constant increase in competition and the need to stand out in the market, securing brand protection is essential to prevent misuse.
Brand protection is not limited to its registration but involves numerous strategies that ensure its exclusive right of use, making it a valuable asset for the company.
Throughout this article, we will explore the different forms of brand protection, from the benefits of registration to the importance of adopting security measures to ensure the success and sustainability of the business.
This concept refers to a set of legal measures that ensure the exclusive right to use a distinguishing sign. This sign can be a name, logo, symbol, or other element that allows the identification of a company’s products or services.
Thus, the goal of protection is to prevent competitors or third parties from using these elements improperly, safeguarding the company’s corporate identity.
In the business context, a registered trademark grants its holder exclusive rights, enabling them to prevent unauthorized use and strengthen their market position. Therefore, brand protection becomes a strategic asset for any organization. This process is regulated by the National Institute of Industrial Property (INPI), which is responsible for the registration and granting of these rights in Portugal.
There are different types of protection that a brand can obtain, depending on its nature and the needs of the holder. Registration with the INPI is the most effective way to ensure legal protection of the brand. However, it is important to understand all the available options.
National registration is the most common form of brand protection in Portugal. By registering the brand with the INPI, the company obtains the exclusive right to use the brand within the national territory. In this regard, the process is relatively simple, but it requires the brand to be unique and distinctive, without similarities to other already registered brands. The initial registration is valid for 10 years and can be renewed.
If the organization intends to internationalize its business, international trademark registration is the best option. Through the Madrid System, managed by the World Intellectual Property Organization (WIPO), it is possible to register the brand in multiple countries with a single application. This registration simplifies the internationalization process, offering protection in various markets, depending on the countries’ adherence to the treaty.
The European Union Trademark (EUTM) registration allows a company to protect its brand in all European Union member states with a single registration. This registration is particularly useful for companies operating in multiple European countries, providing broad coverage and avoiding the need to register the brand individually in each country.
Brand protection offers numerous benefits for companies, covering much more than just legal defense against misuse. Therefore, it is possible to identify a broad spectrum of benefits for organizations.
By registering its brand, the company secures the exclusive right to use the name or logo associated with its products or services. This exclusivity is crucial to prevent unfair competition and ensure that the brand remains unique in the market. Furthermore, the registered trademark becomes an asset of the company, which can be valued and used for strategic purposes, such as partnerships, licensing, investment, or sale.
Brand protection ensures that other companies cannot use a similar brand. This is particularly important to prevent confusion among consumers and the potential loss of identity or reputation. Thus, brand protection allows for legal action against any unauthorized use or attempt at imitation.
A registered trademark conveys trust to consumers, as it demonstrates that the company cares about its identity and the quality of the products or services it offers. Furthermore, the registered trademark is valued in the market, which can attract investors and business partners. In this sense, by creating a solid identity, the company can strengthen its market position and increase its competitiveness.
Although brand registration is the primary protection measure, there are other strategies that companies can adopt to strengthen their legal security and protect their identity.
One of the most effective preventive measures is to regularly monitor the use of similar or identical trademarks. This can be done by searching for new trademark registrations and analyzing whether other competitors are attempting to register something similar. If an infringement is detected, action can be taken quickly to prevent damage to the brand’s reputation and exclusivity.
With the increasing use of the internet, it is essential to ensure that the brand name is protected in the digital world. Therefore, registering domains with the brand name is crucial. Additionally, it is important to ensure protection against potential phishing attempts or fraud that may misuse the company’s name.
A registered trademark can be licensed to other companies, allowing them to use the brand in specific contexts. This practice can generate new revenue streams and expand the brand’s reach, while always maintaining control over the use of the brand identity. In this regard, licensing should be carried out with well-defined contracts, ensuring that the brand’s use is consistent with its values and image.
In addition to trademark registration, there are several complementary strategies that can be adopted to ensure robust and comprehensive protection.
Through national, international, or EU-wide registration, companies can effectively expand and protect their trademarks. Trademark protection not only ensures exclusivity but also contributes to the overall value of the business.
