A strong brand isn’t just a pretty logo or catchy slogan; it’s your company’s unique fingerprint. It separates you from the crowd, builds trust with customers, and gives your business a fighting chance in a crowded marketplace. Protecting this identity, from your domain name to your product names and services, is essential for building a lasting business. So, lock it down early and watch your venture flourish.
Dive into this article to master the ins and outs of trademarks and domain names, and why safeguarding them is crucial. You’ll gain practical tips on securing your brand and domain, protecting both your offerings and your visual identity. No need to imagine a stronger brand – this guide empowers you to build it, brick by brick.
To understand this article on the protection of trademarks and domain names, you must own a domain name, have a trademark, or have one planned. You must also have a more or less complete view of copyright and intellectual property.
The Brand: Definition And Purpose
Your brand is the lifeblood of your business. It’s the DNA that defines your identity, the mirror reflecting your values and mission. That’s why understanding trademarks and fiercely protecting them is non-negotiable.
Your brand is the premium currency of your business. It’s not just your logo, it’s the entire package that sets you apart: your tagline, your domain, your visuals, your communication. It’s the sum of everything that makes you stand out in the crowd, the beacon that guides customers to your unique offerings. In essence, your brand is the very essence of your company.
The Trademark is a Legal Protection
Trademarks are legally protected rights. They’re considered valuable assets because they allow you to demand compensation if someone uses your brand without permission. This could happen if a competitor copies your image or an employee uses your logo for personal gain. To ensure your brand is respected and protected, it’s crucial to take active steps to safeguard it.
Companies in today’s world are inseparable from their brands. Skipping trademark registration not only flouts Intellectual Property Code requirements, but also exposes the brand to legal vulnerability and potential hijacking. Furthermore, an unprotected trademark generates zero financial value, a significant disadvantage for any business.
A Brand is a Communication Tool
Your brand is the voice of your company. It’s how you talk to customers and partners, building trust and recognition. It’s a unique symbol that sets you apart from the competition in everything you do, from your products and pricing to your communication style.
For consumers, your brand is a promise of quality. It helps them easily identify your goods and services, finding them consistently across the country. This consistency builds trust and loyalty, making your brand a key part of your marketing strategy.
In essence, your brand is more than just a logo or slogan. It’s the essence of your company, woven into everything you do. It’s the story you tell, the values you uphold, and the experience you deliver. It’s what makes you, you.
Why and How to Protect Your Brand?
Trademarks – the logos, names, and unique features that define a company – are crucial for building an identity. While giants like Nike and Apple have etched their brands in our minds, the question remains: **what about your company’s brand? Do you have a clear, distinct identity? And most importantly, how are you protecting it?
Why Should You Protect Your Company’s Brand?
Contrary to popular belief, protecting your brand is not an unnecessary precaution. The fact is, when you’re not careful about protecting your brand, you’re exposing your business to a great amount of risk. Both you and your team are responsible for protecting your company’s brand. The risks to which you are exposed are as follows:
- The risk of losing customers;
- Financial losses;
- The impossibility of further exploiting your products and services;
- The loss of credibility of your brand;
- etc.
What you need to remember is that protecting your brand is a way to prevent the risk of losing customers. Brand protection is also a means of preventing financial losses. Indeed, in the event of counterfeiting, you are faced with financial losses. Also, if you decide to protect your brand, you will have new opportunities for exploitation. Finally, protecting your brand increases your company’s credibility.
How to Protect Your Brand?
The issue of trademark protection is an important topic for businesses, large and small. Indeed, intellectual property is often the primary means of protecting your copyrights. The first step is to register your trademark with the INPI (National Institute of Industrial Property) or the NCBI (National Center for the Brand Identity). First of all, it is important to choose the right brand. The procedure for registering a trademark is relatively simple. All you need to do is do some due diligence and fill out an online form and build a case.
Determine your products and services and classify them
To register your trademark, you must determine the goods and services that will be covered by your trademark. You must then determine their class according to the international classification, known as “Nice”. There are several categories: fashion items, alcoholic beverages, pharmaceuticals, etc. To determine the products you are going to protect, you must analyze the market in which you wish to position yourself. You will have to mention them when entering your trademark registration. Note that you must think about it carefully because you will not be able to add any more products/services after the deposit has been made. You can get more detailed indications and download the Nice 2021 classification on the official site of the INPI.
Check the availability of a brand, logo, company, or domain name
The second step is to check the availability of a brand, domain name, or company. Indeed, you must check that these names are not used by a competing company. This check is essential before filing a trademark or domain name. You can check the availability of a brand or logo online, directly on the INPI website. The service is chargeable, from €150, and lasts 72 hours. The results will not be commented on, so you will need to hire an IP advisor.
Register to protect your brand and domain name
The next step is the actual filing of your trademark. The procedure is done electronically only. You can therefore file a trademark online. A brand portal guide will be available on the filing page. Try to be very attentive when filing, as corrections are subject to a fee of €104. You can access INPI’s E-procedures portal for your procedures and your titles online.
The trademark registration gives you 10 years of protection, which you can renew indefinitely. This protection of the INPI is then valid only on the whole of the French territory. For European or international protection, you must contact the WIPO (World Intellectual Property Organization). The INPI website offers you the possibility of carrying out your international protection procedure. In this context, you will have to check the availability of the brand in the country of establishment.
The reaction of the INPI after your filing
After the actual filing of your trademark, the INPI sends you an acknowledgment of receipt followed by a receipt, which will bear the date and a national number of your filing. You must mention this number in each of your correspondence with the INPI. Within 6 weeks, the INPI will publish in the BOPI (Official Bulletin of Industrial Property) and examine your request in-depth. He could of course issue objections, and send you any observations or objections. Everything is clear and any objections settled, the INPI publishes the registration of your mark at the BOPI and sends you the registration certificate.
How much will your brand cost you?
E-filing itself costs €190 for one class. It is prudent and wise to designate all of your goods and services, these could belong to different classes. You must then select all the classes that make up your activity. For each additional class, it is necessary to count 40 €. There are 5. In short:
- Electronic filing at €190;
- Additional classes: 5 x 40 € (200 €);
Your trademark registration will therefore cost you the maximum sum of €390 to be paid on the day of the deposit by credit card or via your customer account.
Congratulations, if you have carefully read the article so far, you now know what to do with your brand and understand why it is important to secure your goods and services by protecting them through the ‘INPI. For more comprehensive information, in order to understand the intellectual property of the trademark, go to the INPI website to find out, when to file your trademark? Who can submit it? Now let’s approach the domain name in the same way because it is also an important part of your company’s identity.
Reserve a Domain Name: why and how?
Selecting the perfect domain name for your business is crucial, because it’s your prime online traffic magnet. It needs to be relevant to your target audience, easy for them to remember, and instantly instill trust. Expanding your business online? Choosing the right domain name becomes a key step in connecting with your ideal customers. Remember, unlike trademarks, a domain name isn’t intellectual property. It’s more like securing your online address.
Domain name and brand: What is the link?
For exclusively online activity, it is advisable to protect your domain name by filing a trademark with the INPI. You will thus choose as classes, those of the products and services that you market on your website. You will then benefit from legal protection. This is unfortunately not the case with a simple domain name reservation. You run the risk of being sued if you use a domain name similar to a registered and protected trademark.
In any case, you will not be the only one to have a domain name with the same name as that of your company. Indeed, the domain name is a common name. Anyone has the right to use this name and the only way to protect your brand is therefore a trademark registration with the INPI.
How to reserve a domain name?
Do you want to buy a domain name? It’s relatively simple. All you have to do is choose a registrar (website or domain name reservation service provider), choose the name and extension, and validate the payment.
To select the most suitable domain name, it’s crucial to carefully consider your business’s core activities, industry, key themes, and the content you’ll be presenting. Once you’ve pinpointed a name that aligns with these elements, you have the option to reserve it even before completing the formal registration process. The next steps involve submitting registration requests to both the INPI (National Institute of Industrial Property) and the AFNIC (French Network Information Center for .fr domains).
A domain name serves as a cornerstone for any brand. It’s what sets you apart from your competitors in the digital landscape and ensures your visibility to potential customers. It also plays a pivotal role in search engine optimization, as the links created using your domain name contribute to your website’s ranking in search results. It’s important to remember that your domain name is an integral component of your brand identity and requires proactive protection.