Trademark Registration and Portfolio Management
Seizing the opportunity and excluding your competitors,
Turning your trademark protection into income.
In addition to business registration with the competent authority for the first thing in the establishment of a startups, “trademark application” is also one of the must-do items for a startups. “Trademarks” will become the second channel for consumer identification companies. Different from “exclusive company name”, trademark rights have powerful exclusive rights. This feature makes “trademark rights” play a pivotal role in the company’s existence.
The following guided answers help analyze the company’s status, and the patent attorney lists the trademark portfolio problems frequently encountered by startups:
1. “Do I need to apply for a trademark in every region?”
Not necessarily, registration is not a priority in some countries or regions. Considering the budget, a limited number of trademark applications is sufficient to prevent counterfeiting.
2. “I want to build a brand for the company, can it be different from the company name?”
Yes, “”trademark” indicates the “source” of “goods or services”. “Source” can be broadly interpreted as ” provenance “. For example: consumers do not ask “LV” (Louis Vuitton) “company name”, they can know that “LV” is a well-known fashion brand.
3. “Do I need to apply for trademark rights for each product item?”
Not necessarily. Enterprise groups may have different “business units,” which may represent different “brands.” Below this, the brand layout can be diversified. For example: P&G holds many brands (trademark rights), “Olay, SK-II, Helen Xiandusi… etc.” are all brands under the P&G Group, and the applicants are all “Bao Nai”. Moreover, the source indicated by each trademark is different.
4. “Should natural persons, partnerships or companies be used as trademark applicants?”
Depends on the composition of the new creation. It requires a comprehensive consideration of business body composition, finance, taxation, and legal enforcement. For example: the partnership does not specifically stipulate the ownership of intellectual property rights in the signing of the partnership contract. “The ownership of its trademark rights should return to its business registration organization type. If it is a sole proprietorship, it will be the investor or its legal representative. A partnership organization is all partners.” In short, a partnership organization is a trademark applicant and must put the name of the representative in the applicant’s column on the application form, for example: “OOO Commercial Bank Wang Xiaoming”. Explanation of the trademark owner and the ownership of the trademark in registered trademark registration (Business Registration Law § 10) (102/11)
5. “Can overseas companies act as trademark applicants?”
Yes. Foreign companies can be the main operating entities of intellectual property rights. This plan is worthy of careful discussion. How do overseas companies settle internationally? Under the consideration of taxation and the exercise of intellectual property rights, it is worthy of the company’s attention to create a better business model for the company.
6. “What is the use of trademarks to open source?”
Get creative. Many business models can be achieved through trademark rights. For example: using trademark rights as the subject of cooperation, the franchise relationship revolves around trademark rights authorization funds, using trademark rights to control partnerships, using trademark rights as the subject of investment or authorization… etc.