BRAND PROTECTION
Tere was tremendous upheaval in the intellectual property realm in the past year. Consider: in less than 12 months the adults-only .xxx domain extension went live, ICANN announced its new generic top-level domain (new gTLD) applicant list, the number of social media users grew well into the hundreds of millions, and sales of mobile devices increased by nearly 50 percent.
Each season brings its own innovations, all with the potential to enhance or chip away at the value of brands. As this evolution continues, trademark holders have some big decisions to make: how best to protect their brands and enforce trademark rights; where to spend their brand-protection budgets (and maximise return on investment); how to plan for the greatest risks; and how to exploit new opportunities as they arrive.
To thrive in this new environment, brand owners need to shake off their long-held assumptions, take stock of their current strategies, and address whatever shortcomings they find. Look for opportunities to strengthen, streamline, and consolidate your trademark- protection operations, and not only will the value and security of your brands improve, your IP spending will go even further.
Keep an eye on your trademarks
Trademarks are the centrepiece of all of your sales and marketing efforts, and securing them well in advance of any development activity is essential to maintaining their value. Companies routinely invest millions developing trademarks, and today several of the top global brands are worth upwards of £60 million each, independent of the annual revenues they generate.
Yet it’s not enough simply to clear your trademarks. Both pre- and post-launch, brand owners must also exercise constant vigilance over their marks to prevent their losing value, especially on the Internet, which has made it so easy for infringers to mimic well-known brands and, absent a robust monitoring programme, continue to get away with it.
Indeed, an effective monitoring programme is your best way to avoid trademark dilution. Find a vendor that offers not only traditional search capabilities but trademark monitoring that tracks your competitor’s filings, helps you oppose conflicting marks, and reveals industry trends—and it needn’t cost the earth.
Treat your domains better
While clearing trademarks was enough to protect your brands 20 years ago, domain names now
www.worldipreview.com
have a similar importance when launching and protecting a new brand. Domain names anchor most companies’ marketing efforts, give form to their supply chains, and enable secure, web-based transactions. Teir importance stands to grow with the launch of ICANN’s new gTLD programme, which will make it possible for companies to deepen their web presences considerably.
Given the importance of domain names, it’s surprising how many brand owners divide their registrations among a number of vendors, leading to a scattered approach to registration and renewals. Companies may do this for a number of reasons: bargain hunting, the familiarity of legacy vendors, or an attempt to distribute risk. But by working with a mix of service partners, they may actually invite risk in the form of dropped names, complex invoicing, and a lack of consistent strategy. Tey also miss out on economies of scale. In fact, most companies can expect to see some savings by consolidating their domain portfolios with one registrar.
A second but no less important factor deserves mention. Over the years, many brand owners have acquired a multitude of domain names with scant attention to their value, how they are used, or even whether they point to live content. Consequently, they’re spending money on unnecessary registrations while losing money to infringers who have squatted names with real value.
To remedy this situation, begin with a thorough analysis of your portfolio. Brand owners need to have metrics in-hand to understand how much traffic their current names are getting, what damages third party registrations are inflicting on their brands, and what valuable names are still available. With the advice of a qualified service partner, companies can make data-driven decisions to optimise their domain portfolios, resulting in better trademark protection and increased direct-navigation traffic.
Brand owners should also keep an eye on trends in the online space. For instance, as growth flattens in mature markets, newer markets such as Brazil and China are helping to fill the void. A qualified domain management partner can advise you on the desirability of acquiring localised domain names, including Internationalised Domain Names (IDNs), to serve these new markets.
In short, your domain registrar should be much more than a point of attachment between your company and the various registries. It should serve as a reliable partner when it comes to the protection of your brands online. If your current vendor doesn’t offer portfolio analysis and strategic advice as part of the service, it’s time to find one who does.
Trademarks Brands and the Internet Volume 1, Issue 3 37
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