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03_08_Consumer branding_Annalena Nordin.pptx

  1. Global Retail Branding My toolbox for launching a Consumer Brand Worldwide 3 August 2022
  2. Who am I? • Trademark lawyer, Sweden • Westerberg & Partners • Private practice at three different law firms and inhouse legal counsel. • I help various clients, in various industries, including the fashion industry, food industry, restaurant industry, steel industry, recycling and space industry etc. • I do have start-up clients, both in tech and in the retail business.
  3. Agenda 1. Short introduction to trademarks as business assets 2. 10 rules in launching a global trademark 3. Other updates related to trademarks and branding 4. Trademark information for start-ups
  5. What is a trademark and what is branding? What is a trademark? • Indicator of origin (words, designs, letters, numerals, colours, the shape of goods, the packaging of goods, sounds) • Set your products apart from the products of competitors • Guarantee of consistent quality What is branding? • The process of making and building a brand of a trademark (reputation and goodwill) • Marketing activities and storytelling in order for the trademark to become associated with positive characteristics (style, elegance, trustworthiness, security, innovation etc)
  6. The IP Management hierarchy (Davis J.L. Harrison) 15 years ago… Today  Trademarks now and then
  7. Trademark registration = Business asset • Your trademark will help your business grow. • Business angels and Investment funds will verify that your trademark is registered. • Also for collaborations and even launching your brand online, the registered trademark right is important • Licensing and franchise will require trademark registration
  8. 10 rules in launching a global trademark
  9. Rule # 1 – Choose a ”good” trademark • ”Kill your darlings” – the trademark needs to be distinctive • Fanciful textcombinations differing from normal language • Nonsense words in relation to the goods/services • Not difficult to memorize
  10. Rule # 2 - Conduct clearance/freedom to operate search before you finally choose your trademark • Online search, identity searches in trademark databases etc. • Particularly important in retail. • Large company vs start-up • Depending on the business model and level in IP management hierarchy • Linguistic check
  11. Rule # 3 – Consider the possible (trademark) rights of others not only for your main brand
  12. Rule # 4 – Register your trademark on the most important markets • The process from local to global is much faster now • Start building a fundament of trademark protection early and consider future products when doing so • EU (+UK), US and China (also remember that Switzerland and Norway are not EU countries) • Some online platforms require that you have registered your trademark • Some online platforms offer brand protection functions for the protection of registered trademarks
  13. Rule # 5 – Register .com • Your website is often the heart of your communication • This, in combination with social media channels, is where you can amplify your marketing message • On your website, you can provide your one-way story-telling without disruption
  15. Rule # 6 – Use your trademark as registered • Or at least have a strategy for it • Need to use your trademark as registered (also need to make sure that others, for instance franchise partners, use your trademark as registered). • Keep an archive (marketing and legal to work closely in this)
  16. Rule # 7 – Monitor your trademark • Many companies believe that they are all set when they have filed and registered their trademark • Never sit back and relax – need to monitor • Watching services to continously scan the registries for newly filed trademark applications • Online brand protection services – online take-down
  17. Rule # 9 – Integrate your trademark into your business • Never let the trademarks/legal team work in silo • Trademarks team should work closely with management, production, marketing, communications etc. • There are situations when the marketing team wants to do something provocative. • In border line cases it is important to inform the communications team so that they are well prepared for how to handle black-mail or social media scrutiny.
  18. Rule # 10 – Keep your company’s tone of voice also in legal matters
  19. Tone of voice…
  20. Tone of voice – keep in mind • Know your market (politics, public opinion, social media) • Keep balance in all your communication • Prepare communication in advance in case of foreseen threats
  21. Other important comments and tools related to trademarks and branding
  22. How to handle an unreasonable giant • A challenge to defend against a giant - financial muscles. • Followers on social media (Tuesday Bassen) • Opposition strategy vs enforcement strategy • Consider to file another version of the trademark in case the trademark owner seems unreasonable.
  23. China • Will you ever offer your products or services there? • Trademark squatters (peaked a couple of years ago) • The Chinese trademarks office has taken measures to help trademark owners • We have seen that it is easier nowadays to successfully act against a trademark squatter in China • Subclasses • Consider Chinese trademark version and to have a local Chinese attorney watch for similar marks • It is relevant to go beyond your regular filing strategy to defeat trademark squatters in China • But: Keep an eye on the budget!
  24. Metaverse and NFT:s (Non-Fungible Tokens) • The virtual worlds are here to stay • Will your company be there? • Use requirement • Uncertainty as to classification • Indication that 12th edition of the Nice classification will include ”downloadable digital files authenticated by non-fungible tokens” as from Jan 1, 2023 • It is still not confirmed that the Chinese trademarks office will accept this wording for NFT:s • Nike’s recent EU and US applications; see EU registration below.
  25. Metaverse and NFT:s
  26. Sustainability
  27. Trademark information for start-ups
  28. Tools for start-ups Identity trademark searches SME (small and medium-sized enterprises) fund For EU based companies EUIPO is offering SME funding for IP scans and IP registrations, including trademarks, EUR 1500 Will continue 2023 IP Self Diagnostic electronic form WIPO – IP diagnostic
  29. Your IP journey could start like this 1. IP scan (self assessment via WIPO website) 2. Book a meeting with an advisor (there is no ”one size fits all” why customization is necessary) 3. IP strategy 4. Protect your IP 5. Monitor and update IP and trademark strategy to reach commercial goals
  30. Did I reach my goal? ”The trademark can be the core business asset in your company - if treated correctly. It can help your business grow.”
  31. Questions?
  32. We focus on what we do best We protect rights and resolve disputes. Thank you!