Building a brand and protecting it is a challenging task. What begins with the creation of a sign that is memorable and recognizable, in the case of the success of a product or service on the market, often turns into an exhausting struggle for survival and growth. The more valuable and well-known a brand is to customers, the greater the interest in preserving and protecting it. What is the role of the lawyer in this process, what are the tasks of the IP lawyer, and what is it that the client has to decide on his own, are the topics that we will analyze in this article.
Preparation and strategy
You have decided to establish a business. You’ve created a product or service that you believe in, you’ve analyzed the market, and you’ve realized that there’s a demand for what you offer. The quality and potential special features of your offer will keep your customers coming back, but the brand is what they will remember you by. When creating a business plan, one of the main tasks is a strategic approach to brand development.
Where does it all start? Deciding on a company name or product name is the first step towards brand development. If you are in doubt about different options, the role of a lawyer is to analyze existing brands and advise you on the possibility of trademark protection that you have opted for. The final choice is always on the client’s side.
Ways to protect a brand
With the registration of the company name in the Republic of Serbia, the protection of the company’s name begins. Each company operates and participates in legal transactions under the business name registered with the Business Registers Agency. The business name must contain the name, legal form (e.g. LLC) and the place where the company’s registered office is located. A name is a distinctive part of a business name that distinguishes the company from other companies.
The name of the company is protected by law through the prohibition of registration of the same name or a name that is capable of causing confusion about identity with another company. The Business Registers Agency will reject a new application if the name whose registration is sought has already been registered, applied for or reserved by another person. This is also the first line of protection in the layered brand protection system.
In the event that someone imitates your brand through the registration of a name that is likely to confuse customers about who the products or services originate from, an intellectual property and commercial law lawyer will advise you on the possibility of filing a lawsuit against the infringer, the deadlines for filing a lawsuit, the content of the claim, as well as the course of future court proceedings.
Trademark registration
Unlike the name protection, which is characteristically territorially limited on the domestic, national market, the registration of a trademark provides the possibility of protecting the brand in the territories of a larger number of countries.
By registering a trademark in the territory of the Republic of Serbia, you exercise the right to protection and exclusive use of the trademark on the national market. An intellectual property lawyer will advise you on the process of registering a trademark, the existing restrictions and fulfilment of the conditions for protection, the duration of the procedure and administrative costs. The role of the lawyer is also to present you with the possibility of territorial expansion of the trademark into the markets in which you plan to do business. A foreign natural or legal person who does not have a permanent residence or registered office in the territory of the Republic of Serbia must be represented by a representative or a domestic lawyer in the trademark registration procedure.
Trademark Defense in Judicial and Administrative Proceedings
The registration of a trademark does not conclude its protection, because the real fight to preserve the brand is just beginning.
There are several different procedures available to rightholders, depending on the nature of the infringement and the actions of the infringer. Domestic law provides for mechanisms such as:
- opposition to the trademark application,
- a request for an inspection and
- participation in the procedure for a misdemeanor, as well as
- the right to file a lawsuit with a competent court.
Keep in mind that brand protection is not a luxury reserved for large systems, but a necessary step for anyone who is seriously building their presence in the market. In a sea of similar products and services, customer recognition and trust often depend on the sign that distinguishes you. The role of a lawyer is not to take control away from you, but to give you the security – that you can deal with development, while the legal protection of the foundations of your identity is in safe hands.