How and why define your brand strategy?

Even before registering a trademark, one should ask oneself the question of the trademark strategy. This includes studying the competition and defining a budget to defend your brand. Indeed, once a trademark is registered, it is essential to monitor it and to act when registering related trademarks. An undefended brand is much weaker, from a commercial and legal point of view. Our advice to define your trademark strategy.  

Rule n°1: avoid being too close to competing brands

When choosing your brand, it is necessary to study the market and look at your competitors' brands. First of all, because you risk receiving an opposition from a competitor, who would be watching his trademarks. The opposition will be upheld if your trademark is for the same or similar goods/services, even if your trademark is not exactly identical to your competitor's. The opposite situation exists. This is the case when several companies use similar trademarks to communicate on identical products. In this case, there is a large coexistence of similar trademarks. This is often the case when the trademarks are not very distinctive. If you choose a mark that is too close, the main disadvantage is that you will have to distinguish yourself from these companies. Indeed, when all brands are similar, it is difficult to build customer loyalty. This is the main problem with descriptive trademarks: the customer does not know whether he is dealing with a particular brand or not. Moreover, these marks are very difficult to defend, their monopoly is weakened compared to distinctive marks. This was the case in theThe "Artisan Movers" case.  

Rule #2: Don't abuse originality

Some companies may stand out from the competition by choosing a name that has nothing to do with the designated products. These brands can be very strong, such as Apple for phones or Clairefontaine for notebooks. The advantage is that the trademark will be much easier to register and defend. But beware, more money will also have to be invested to make it known to consumers. When making a choice, you also have to be very careful that the trademark can be memorized by the customer: if the name seems too complex, or impossible to pronounce, it is highly likely that the trademark will not be retained. So be careful when you use a brand generator. Finally, there is always a risk in innovative markets. When you are the first to create and market a new product, consumers will become accustomed to calling the product by your brand name. This commercial success presents a real danger for the brand This one is in danger of degeneration. This is the case for Pedalo, Caddie or Scotch, brands that are suffering from their success.. To avoid this, it is recommended to define two names from the beginning: a name for the product (for example, tissue) and a commercial name (Kleenex). It will then be necessary to communicate around these two names. The choice of the name is obviously an essential step before proceeding with the registration of the trademark. It is also advisable, from the outset, to consider a strategy for defending the trademark.  

Rule #3: Plan a brand defense strategy

Registration is the first step in the life of your trademark. But it must then be used and defended against third parties.. Many trademark owners neglect the defensive aspect, even though it is just as important as the use. An undefended trademark can lose all its value. If competitors start using your trademark, or registering similar trademarks, and you do not react, your rights will be weakened. It is therefore necessary to plan, from the time of filing, a strategy for monitoring your trademark, and to devote a budget to defend it. The earlier you act, the lower the costs. Indeed, by monitoring the trademark registers, you can file an opposition against similar trademarks, and avoid having to take legal action in court.   Our team can assist you in defining a brand strategyfrom filing to registration, and even afterwards by setting up watches on your trademarks.