If you detect an infringement, act quickly to protect your rights.
After giving life to an idea and creating a brand, it is essential to protect its value. To do so, there are five tips you should take into account.
First, when creating your trademark and before registering it, do a search to make sure that the proposed trademark is not registered by a third party or is not similar to third party trademarks. This way, you will avoid legal problems and/or conflicts with third parties that may have similar trademarks.
Secondly, it is necessary to register the trademark. This will grant you legal protection and exclusivity on the use of your trademark in the specific classes of goods and/or services it protects. It is important to keep in mind that the trademark must be registered in all the countries where it will be used, since the registration and protection is territorial, so having the trademark registered in one country does not always prevent a third party from registering and using it in another country.
Third, you must register the domain name that you will use in association with your brand. In the current digitalized context, this will allow the brand to be identified online and have greater visibility. Also, having the domain name registered will prevent third parties from registering it and making unauthorized use of the trademark.
Fourthly, there is copyright and design protection. In addition to trademark registration, consider protecting other creative aspects of your business, such as logos, designs and content, through copyright and/or industrial design registration. This provides additional and more complete protection for your intangible assets.
Finally, there is competitor vigilance. You should be on the lookout for possible infringements by third parties and take appropriate legal action if necessary to protect your brand. To do this, monitor what your competitors are doing to prevent them from using similar trademarks or names that could confuse the public with your brand. If you detect any infringement, act quickly to protect your rights.
For more information on these topics please contact our IP, Tech and Data team:
Eugenio Gormáz | Partner | egormaz@az.cl
Carlos Lazcano | Senior Associate | clazcano@az.cl
