fbpx
Protect My Mark

The United Arab Emirates (UAE) is a thriving business hub that attracts entrepreneurs from all over the world. If you’re planning to start a business in the UAE or already have a business here, it’s essential to protect your brand by registering your trademark. Trademark registration in the UAE is governed by the UAE Trademarks Law, which provides for the registration of trademarks in multiple categories.

Registering a trademark in the UAE is a straightforward process that can be completed within a few months.

Here’s how to register a trademark under several categories in the UAE

Step 1: Conduct an Availability Search

Before registering your trademark, conducting an availability search to check whether your trademark is available for registration is essential. A search helps you identify any existing trademarks that are similar to yours, and it can be conducted through the UAE Trademark Office’s official website. If the search demonstrates that your logo, name, or slogan is available, you can proceed with the registration process.

Step 2: Determine the Appropriate Trademark Category

After conducting the availability search, it’s time to decide the category under which you would like to register your trademark. The Trademark Law in the UAE categorizes different types of goods and services into 45 classes, with Class 1 to Class 34 being for goods and Class 35 to Class 45 for services. Determining which class or classes are relevant to your brand depends on the nature of the product or service you offer.

Step 3: File Your Application

Once you determine the appropriate trademark category, the next step is to file your application. You can either apply online through the official website or file for registration physically by visiting the UAE Trademark Office. The application should include information about the goods or services you would like to use your trademark, any supporting materials, your name and address, and a clear representation of your logo, name, or slogan.

Step 4: Wait for Approval

After submitting your application, the UAE Trademark Office examines it to ensure it meets all legal requirements. The examination is to identify any existing trademarks that could conflict with your trademark. If the trademark office doesn’t raise any objections, your application will be approved, and you will be given proof of ownership of your trademark. This proof of ownership will be valid for ten years and renewable for the same period.

Step 5: Monitor Your Trademark and Take Action Against Infringements

After registering your trademark under several categories, monitoring any infringement and taking action against it as soon as possible is essential. Monitoring helps keep track of any use of your trademark for similar products or services, and you can take legal action to protect your rights as the trademark owner.

Conclusion:

In conclusion, registering your trademark under several categories in the UAE ensures comprehensive protection of your brand identity. Trademark registration may seem a little overwhelming; however, following the steps outlined in this guide will make the process easy. Since trademark infringement can cause significant damages to a business, it’s necessary to monitor your trademark and take swift action to protect it. By registering under multiple categories, business owners in the UAE can guarantee their trademark protection and safeguard their brand value for years to come.

Also Read: How to Enforce Trademark Rights in the UAE?

Investing in trademark registration in the UAE is an essential step that any business should take. A successful trademark offers companies a strong identity, safety, and value, all crucial components of increasing revenue and profitability. Navigate this legal process easily by hiring the most reputable local agents to assist you. Get your registered trademark today and watch as it brings ongoing benefits for years!

To create a distinct presence in an overcrowded market and safeguard intellectual property, trademarks are essential. But have you ever considered how much they add to your company’s overall worth? This response is complex since many factors should be taken into consideration when calculating the value of your trademark.

To maximize the value of your trademark, consider these important factors:

Brand recognition:

A trademark gives your company a name and an identity, helping to distinguish it from competitors and establish goodwill. The more recognizable the mark is, the more valuable it becomes.

Business growth:

Trademarks boost customer loyalty by connecting emotionally with customers. The increased credibility of owning a registered mark also contributes to business growth and may even result in higher profit margins.

Marketability:

It’s much easier to license or sell a business when there is a registered trademark associated with it, thanks to the added value of owning such an asset. By giving potential buyers assurance of quality, they’re much more likely to invest in your company.

Legal protection:

As the owner, you have exclusive rights over the registered mark, which prevents competitors from using it. This is another way of protecting your brand and securing its value in the long run.

Reputation:

Trademarks are assets that last a lifetime, and, with the correct use, they can become precious. Investing in trademark registration will raise your company’s public profile, allowing you to establish yourself as an authority in your industry.

Protect your Trademarks with the help of experienced Agents in the UAE

A company’s trademark can be a valuable asset that increases in worth depending on the mark, corporate success, business progression, legal protection offered, and the sector it is used within. Registering this brand with the trademarks office will provide more security than an unregistered one. It should be done without hesitation as soon as you have created your distinctive logo or name for your organization in UAE.

Protect My Mark is an excellent trademark agent in the UAE that can offer you valuable assistance with registering your mark through the Ministry of Economy. With years of expertise, Protect My Mark is the foremost provider of trademark registration in Dubai. If you’re seeking to take any trademark infringement case to court, we also provide litigation services in the UAE. In addition, through our brand registration service, your cherished trademark will remain secure wherever you conduct your business — even internationally! With the utilization of the Madrid Protocol for international trademark protection, we can ensure that all legal boundaries are met when it comes to guarding those invaluable trademarks.

Healthcare is one of the most competitive industries out there, with plenty of competition all vying for customers. As such, trademark protection is becoming increasingly important for healthcare brands in the UAE. To help business owners better understand their options regarding trademark protection.

Here are some critical insights into trademarks in the healthcare industry.

Trademark Registration Basics

The first step for any healthcare brand looking to protect its intellectual property is to register its trademark. This allows your company to claim exclusive rights over your brand name, logos, slogans, etc. In order to register a trademark with the UAE Ministry of Economy, you must prove that it is unique and not already being used by another company. You must also provide evidence that your mark has been used in commerce or at least has been intended for use in business.

Once you have registered your trademark, it will be legally protected and cannot be used by other entities without your permission. This protection lasts ten years and can be renewed every ten years if you continue using the mark in commerce. Additionally, registering a trademark gives you the right to take legal action against anyone who uses your mark without permission or tries to copy it illegally.

Protecting Your Trademark Against Infringement

Once you have registered a trademark, it’s essential to take steps to protect it from infringement or misuse. The best way to do this is by regularly monitoring online sources such as social media platforms and search engines for any unauthorized use of your brand’s trademarks or logos.

It’s also important to keep an eye out for competitors who may try and use similar trademarks to confuse customers into believing they are purchasing products from your company instead of theirs. If you find any cases of infringement or misuse, contact a lawyer as soon as possible so that they can assist you with filing a cease-and-desist letter or taking further legal action if necessary.

Hire the Best Trademark Agents in the UAE

When protecting your trademarks, hiring an experienced and knowledgeable trademark agent who can assist you with the entire process is best. A good trademark agent will be able to guide you through the complete registration and protection process and ensure that your trademarks are properly protected in the UAE. They can also help you if any issues arise, such as disputes with competitors or accidental misuse of your trademarks by other parties.

Also Read: Logo or Brand Name: What Should You Trademark First?

Trademarks are essential for protecting the unique name, phrase, logo, or symbol that identifies your business and brand. It’s important to understand the laws around trademarks to protect your interests in the United Arab Emirates (UAE).

what you need to know about enforcing trademark rights in the UAE.

Conduct Trademark Registration in the UAE

As a first-to-file jurisdiction, the United Arab Emirates offers unparalleled protection for trademark registrations. When infringement happens, UAE-registered trademark owner can easily assert their rights in a court of law. Nevertheless, if another individual violates your unregistered trademark rights, you must provide evidence to uphold them.

Draft the Contracts Properly

Many big-name international companies enter the UAE markets by franchising their products. These franchise agreements are predominantly based on trademark licensing. Drafting contracts with explicit clauses regarding trademarks is essential to business operations.

When the franchisee disregards the terms of the agreement by misappropriating or abusing a trademark, they are committing a breach of contract.

If a business in Dubai is experiencing trademark infringement, utilizing litigation and enforcement services can help them take legal action against the violator.

File Opposition Requests

Keeping an eye on the UAE’s official trademark database can be immensely beneficial. It will enable you to detect applications for trademarks similar enough to your registered mark to confuse.

If a trademark application is found to be similar or identical to yours, you must file an opposition with the UAE Trademark Office promptly.

If you find yourself on the wrong side of a verdict by the Ministry of Economy, there is no need to fret. With assistance from an experienced legal services provider, trademark litigation in UAE may be possible and could potentially resolve your problem.

By filing an appeal in court, you can effectively prevent the infringer from receiving approval for a trademark that conflicts with yours.

Monitor your Trademark in the Market

Continuously monitoring your trademark in the marketplace is essential for protecting your brand and preserving its value. Since many illegal products are sold in stores, online, and at other public places in the UAE, it’s essential to be on the lookout for any suspicious products with designs or names that closely resemble your trademark.

Send Cease and Desist Letters

Cease and desist letters are essential for enforcing trademarks in the UAE. Once you recognize any infringements on your mark through the trademark report, it is time to send a cease and desist letter to the offender. The letter allows trademark owners to end the potential infringer’s trademark misuse.

Initiate Court Proceedings

If you have not received a response to your cease and desist letter and believe there is sufficient evidence of trademark infringement, it may be time for legal action. Armed with the facts, apply to take the matter before a court of law.

Take Trademark Litigation and Enforcement Services in UAE

Trademark litigation and enforcement services in UAE are available to those who wish to protect their trademark rights. By engaging a law firm, you can ensure that all necessary steps are taken to protect your trademark and preserve its value in the UAE.

With the help of experienced attorneys, trademark owners can take the necessary steps to remove any infringing trademarks from the market and ensure that their mark is not used without their consent.

If you are looking for reliable advice and assistance regarding trademark litigation or enforcement services in UAE, contact trusted legal professionals today.

Also Read: Key Things to Consider Before Filing a Trademark Infringement Lawsuit

You’ve finally done it. You’ve created the perfect name and logo for your new business. But now what? How do you know what to trademark first? The answer may be more complex than you think. This blog post will first explore the pros and cons of trademarking your logo or brand name. Then, weighing cost, protection, and publicity factors, read on to make the best decision for your business.

What is a trademark?

A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one party from those of others. A Service Mark is a word, phrase, symbol, or design that identifies and distinguishes the source of a service rather than goods. Many countries recognize trademarks and service marks.

What are the benefits of trademarking?

-Protecting your brand and preventing others from using it without permission

-Helping customers find and identify your products or services

-Giving you legal recourse if someone does use your brand without permission

-Increasing the value of your business

A trademark can also be a valuable marketing tool, helping you to stand out from the competition and build customer loyalty.

When should you trademark your logo or brand name?

When you are ready to launch your product or business, you should trademark your logo or brand name. This will protect your investment and give you the legal right to stop others from using it. You should also trademark your logo or name if you plan to expand into new markets or sell products online.

How to trademark your logo or brand name

Regarding trademarks, there are a few key things to keep in mind. First and foremost, you want to ensure that your logo or brand name is distinctive enough to qualify for trademark protection. This means it should be unique and not confusingly similar to any other trademarks. Once you’ve determined that your logo or brand name meets these criteria, you can begin trademarking it by filing a trademark application with the USPTO.

Trademarking your logo or brand name can seem daunting, but it doesn’t have to be. With some research and preparation, you can successfully navigate the process and ensure that your intellectual property is protected.

Conclusion

If you need to decide whether to trademark your logo or brand name first, consider the benefits and drawbacks of each option. If you want to protect your logo and brand name, it’s best to trademark them. However, if you only want to protect one of them, consider which one is more important to your business. For example, trademarking your logo may be a good idea if it’s unique or recognizable, while trademarking your brand name may be a better option if it’s more essential to your business identity. Ultimately, the decision is up to you — but whichever way you go, consult with a qualified trademark attorney to ensure that your trademarks are adequately protected.

Also Read: 23 Reasons Why SMEs and Startups Must Opt for Trademark Registration in the UAE

If you believe your trademark has been infringed, consider filing a trademark infringement lawsuit. But before you do, there are some key things to consider. This blog post will outline some critical factors to remember before moving forward with a trademark infringement lawsuit. From understanding the basics of trademark law to considering litigation costs, read on for a helpful overview of what to think about before taking legal action.

What is trademark infringement?

Few things to consider before filing a trademark infringement lawsuit. First, you must ensure that you have a valid and enforceable trademark. Second, you must determine whether there is a likelihood of confusion between your mark and the infringing mark. Finally, you must decide if you want to pursue damages or an injunction.

Suppose you have a valid and enforceable trademark. In that case, you can file a trademark infringement lawsuit against someone who is using your mark without your permission, which is likely to confuse consumers. If you can prove there is a likelihood of confusion, you can get an injunction against the infringing party. This would prevent them from using your mark in the future. You may also be able to recover damages for any harm that the infringement has caused.

Before filing a trademark infringement lawsuit, it is essential to consult with an experienced attorney who can help you evaluate your case and determine the best course of action.

How to tell if someone is infringing on your trademark

If you believe that someone is infringing on your trademark, there are a few things you can do to find out. First, you can search for the alleged infringer online. This will help you see if they use your trademark in their marketing or website. If they are, that is a clear sign of infringement.

You can also contact the alleged infringer directly and ask them to stop using your trademark. If they refuse, it is another clear indication that they infringe on your rights.

If you have evidence that someone infringes on your trademark, you can file a lawsuit against them. Before doing so, however, it is essential to speak with a lawyer to discuss your case and determine whether you have a strong legal claim.

Steps to take before filing a trademark infringement lawsuit

  1. You should consult an experienced intellectual property attorney to discuss your case and get advice on the best course of action.
  2.  You will need to gather evidence of the infringement, including screenshots or copies of advertisements or other materials using your trademark without permission.
  3. You will need to show that you have trademark rights in the disputed mark, which can be done by demonstrating that you have used the mark in commerce or that it is registered with the USPTO.
  4. You will need to show that the infringing use will likely confuse consumers regarding the source of the goods or services at issue.
  5. Finally, you will need to decide whether to file a lawsuit in federal court or send a cease-and-desist letter demanding that the infringing party stop using your trademark.

Conclusion

Before filing a trademark infringement lawsuit, there are several vital things to consider. First and foremost, you must ensure that your trademark is being infringed upon. If it’s not, then a lawsuit is likely to be fruitless. Secondly, you need to decide whether the infringement is causing you harm. If it’s not, a lawsuit may not be worth your time and resources. And finally, you need to weigh the potential costs and benefits of going to court. If the benefits outweigh the costs, a lawsuit may be worth pursuing. But if not, let it go.

Also Read: 7 Things You Need to Know When Registering Your Logo as a Trademark

Originally a platform for amateur food photos and kitten videos, Instagram has evolved into a marketing tool used by big brands, photographers, musicians, and other types of creators. At the same time, higher exposure increases the risk of copyright infringement, so understanding copyright laws, and how to protect your content has become extremely important.

Whether you are a business or an individual content creator, copyright notices and claims are valuable tools, and if you post original content on Instagram, you should be aware of how to copyright your photos and videos.

What can be copyrighted?

A copyright protects the creative concept and original works of an author/rightsholder. Usually, when an author creates an original work, they are entitled to copyright protection over it from the moment of creation.

There are several types of works covered by copyright, but here we will concentrate on those more common ones that are used on Instagram:

  • Audio works: songs, musical compositions, sound recordings, podcasts;
  • Video or audio-visual works: short part of well-known movies, TV shows, broadcast videos, paintings, photographs, etc.;
  • Written works: Articles, posts, opinions, advertising texts.

To be eligible for copyright protection, however, a work must be original and created by the author themselves with a certain amount of creativity.

Social Media Accounts Legal Protection and Infringements: Instagram

Ownership of the images posted on Instagram

According to Instagram, the ownership of images and content rests with the individual user or corporate account. The terms and conditions however state that individual user or corporate account grants Instagram a “non-exclusive, fully paid, royalty-free, transferable, sublicensable, worldwide license to use their content”. In almost plain language, the rights that an ordinary user (creator) grants to Instagram (use, distribute, modify, run, copy, publicly perform, display, translate, and create derivative) allow Instagram to sublicense those rights to a third party without user’s permission and moreover retain earnings without paying anything to the user.

It’s simple for basic understanding: if you take a picture for Instagram, you own it, but authorship matters can get complicated sometimes. But consider the following scenarios when creating content:

  1. The fact that you’re in a photograph does not mean you own the right to it. Usually, the photographer owns the rights to it;
  2. A similar picture of the Burj Khalifa – although you can’t stop others from taking a similar picture of the Burj Khalifa, you can prevent others from copying your photos;
  3. When you work as a photographer for someone else, the ownership of the copyright could pertain to your employer if taking pictures falls under the responsibilities of your employment contract.

A question of paramount importance is how long does a copyright protection last? During the lifetime of the author, plus an additional 70 years. The creative work
becomes in the public domain after a certain period of time, and anyone may use it without a license.

Social Media Accounts Legal Protection and Infringements: Instagram

What constitutes an Instagram copyright infringement?

Under Instagram Terms of Use, a copyright infringement occurs when an author’s exclusive rights are violated. Copying or using a person’s content without their permission is typically regarded as an infringement on Instagram.

Social media makes it easy to repost or copy others’ creative work (usually without the author’s acknowledgment), so most people do it without thinking of the possible consequences. Here are some examples of infringement on Instagram:

  • Playing copyrighted music despite purchasing it;
  • Adding copyrighted music to your videos;
  • Including a disclaimer that you aren’t trying to infringe their rights when reposting or copying another creator’s work;
  • Copying content with no intent to commercialize it;
  • Using someone else’s work without original author acknowledgment and expressed permission to do so;
  • Posting content from other social media or the internet.

How Protect My Mark can help your business protect its Instagram content?

As a leading IP consultancy in the UAE, we offer our clients the opportunity to protect their corporate and personal Instagram accounts. In this case, we talk about the following elements of protections:

Instagram profile subdomain Identifier to link your account address on Instagram – can be registered as Derivative Copyright Work.
Avatar (Logo) Can be registered as a standard copyright work or the author’s design.
Instagram social profile design Here we talk about the general representation of the front page of the account with names of the services, products, designs of icons, etc.
Content The content might include photos, video, texts, and audio materials.
Access (password, login) Corporate information of this type can be protected as a trade secret. By the definition, the trade secret is the form of intellectual property that can be implemented/registered inside the company. So, this type is not applicable to individuals.

Summary

In light of the above, it is evident that a variety of copyright issues can arise when posting images or other content on Instagram. It is possible for an infringement to occur even if the person uploading the infringing content did not intend to do so. It is also suggested that anyone uploading content or pictures on the platform should be aware of whether he/she is the creator, owner, or if he/she has the right to use the content, or whether it is permitted under a copyright exception, or is copyrighted.

A copyrighted content owner or an authorized agent can only report an infringement. It is necessary that a user informs another user about any infringement of their content.

Protect My Mark offers an in-depth understanding of copyright principles as well as practical strategies and tools you can customize to fit the needs of your organization.

People talk a lot about intellectual property rights these days, but what are they? How do they apply to software? Why do you need to protect it?

The software industry is built around intellectual property rights, which refer to an array of intangible rights of ownership in an asset like a software program (computer program, computer software). The law provides different protections for different types of intellectual property rights based on their ownership nature. Thus, each intellectual property “right” in itself is a slice of the ownership pie.

This blog will be extremely valuable for you if you are:

  • A developer of mobile applications, websites, and software;
  • An entrepreneur who starts an IT project;
  • Locally established IT company looking for growth or expansion;
  • Company, who uses the software developed internally;
  • The company which uses the outsourced development teams;
  • IT-company and IT-projects looking for investments.

What is software as intellectual property?

Software as intellectual property involves computer code or source code / objective code protected by law under trade secret, copyright, or patent. To develop computer software, it takes experience, time, and labor, and since computer programs are so valuable, they can be copied and used by unauthorized individuals, which is why software needs legal protection.

Your software becomes intellectual property when you treat it as such. You have greater control over who uses it and how. In normal circumstances, if your IP assets are not protected, people could use your software without your permission, and you would lose the opportunity to get paid for authorized use by others. In extreme cases, you may lose the right to use the software you created.

Protecting Software as Intellectual Property

Benefits of IP protection of software as a business product

In today’s connected world, it is critical to protect your business system from attacks, downtime, and unfair competitors. Every internet user should know that without the right precautions, the Internet can be very dangerous and unsafe.

With the applied legal protection of your software, you can:

  • Prohibit your brand, content, source code, design of your website/ software / mobile application from copying or unauthorized use by the competitors;
  • Block domains and hosting with illegal replicas of your IP, remove mobile apps from Google Play and AppStore, remove websites for Google Search;
  • Stop unfair competition aiming to disrupt your brand reputation;
  • Avoid fines from the state bodies for using and advertising the unregistered brand of your software program;
  • Build the licensing schemes of your software and other channels for its monetization;
  • Enforce your rights in the court and receive fair compensation for the infringed exclusive rights;
  • Gain financial benefits due to the implemented auditing of your IPs and capitalization practices;
  • Claim the rights for the software from the developer, a former employee.
Protecting Software as Intellectual Property

Ways to protect software as IP

Software as IP can be protected by both a copyright, a patent and trade secret. All these options cover different aspects of IP protection. Depending on the company’s IP strategy, some people prefer one type of protection over another. To protect your software, you must make informed decisions.

Different types of software protection:

Patent Copyright Trade secret
Patents grant exclusive rights to make, use, and sell an invention for a period of twenty years. In return for the time and effort spent developing the invention, the inventor has been granted a legal monopoly.

Software patents are very powerful economic tools. They can protect features of a program that aren’t protected by either copyright or trade secret laws.

Copyright protection extends to the way an idea is expressed. The software would be covered by copyright law along with the source and object codes.

It gives the owner the exclusive right to copy, modify, and distribute or sell those copies or modifications of the property to the public.
The duration of copyright protection in 179 countries is for the life of the author plus an additional 70 years after his death.

Many features of the software, such as code, ideas and concepts reflected in it, can be protected as trade secrets.

This protection lasts if the protected element retains its trade secret status.

In addition, you can protect your intellectual property with trademarks, but not your software code. Protecting a software’s name or a symbol used in its marketing is the only option. By trademarking your software’s name, you can prevent others from using a confusingly similar brand name in their marketing.

Software as a product

In cases where the software is presented as a business product like mobile or web applications, computer games, websites, or CRM systems and programs, its parts are subject to legal protection:

  1. Brand Logo and/or Product Name;
  2. Design (main user interfaces, administrative panel, and modules);
  3. Source code (1st 20 pages of code listing);
  4. Database (structure);
  5. Content (if unique);
  6. Concept (functionality, technical solution).

Summary

To maximize the economic value of a software asset, it is critical to understand the nature of the intellectual property rights involved. It is important to understand how to use the existing legal protections to protect these rights.

In order to protect your software, you must follow quite a complicated process. Make sure you have competent IP-Experts on your team. Protect My Mark can handle all your copyright requirements at an affordable price and professionally. To receive a free consultation, request a callback from our IP Experts on our website.

As legal awareness grows, companies are becoming more diligent about protecting their ideas, knowledge, concepts, and other types of Intellectual Property (IP). Companies now strive for effective and timely legal protection of their IP rights. Their IP is their source of profit, so they do not have to take any risks when it comes to it.

At the same time, as technology has advanced, intangible assets have become more valuable. More businesses are relying on the intellectual and intangible assets they possess and are focusing on increasing business competitiveness based on the accumulated assets. This calls for more due diligence to be conducted. An effective corporate strategy should include a regular check on IP, being aware of crucial IP rights, keeping track of your intangible assets. A company’s IP assets can be reviewed systematically through an IP audit.

What is an IP audit?

An IP audit examines the existing intellectual assets of your business project to determine and manage the discovered risks, assess the opportunities, remedy problems, and implement best practices. It will also help identify and manage potential IP assets.

To put it simply, an IP audit refers to the process of reviewing your company’s intellectual property assets. Although it might seem like an easy task, it entails information that the company may not be aware of. The IP audit extends beyond a systematic review to also provide a strong competitive analysis of the IP’s field of activity.

Why IP Audit Is Essential for Business Growth?

What are the benefits of doing an IP audit?

Companies benefit from IP audits in the following ways:

  • Verification of all your IP assets;
  • Enhancement of your IP portfolio;
  • Assessment of IP ownership (who owns the IP assets in the company);
  • Management of the consequences of the expiration of IP rights;
  • Adjustment of defects in IP management (IPM);
  • Assessment of the impact of a key employee’s departure on IP;
  • Avoidance of penalties from the UAE official bodies due to preliminary identification of signs of possible UAE laws violations (Regulation on Consumer Rights Protection, Fraud Executive
  • Regulation, Commercial Transactions Law, etc.);
  • Demonstration of the company’s value in preparation for a merger or sale transactions;
  • Demonstration of the company’s value to obtain or provide financing or investment capital;
  • Assessment of a third party’s infringement claims and the possible legal consequences;
  • Assessment of the IP rights and risks involved in expanding into new markets or channels of trade;
  • Preparation to build an IP strategy;
  • Implementation of best practices of IPM;
  • Increasing revenue and gaining a competitive advantage over competitors.
Why IP Audit Is Essential for Business Growth?

What will you get when implementing an IP-Audit with us?

IP audit always helps the company to address its intangible assets and to further strategize as per needs. As we mentioned before, through an IP audit, the business also gets a comparative understanding of how well its IP performs in the market. It is largely seen that the company does not realize the IP it owns until the IP audit. At Protect My Mark we know how important it is to understand & maximize the value of your intellectual property. Implementing IP-Audit with us, you will maximize business opportunities with:

  1. Creation of IP portfolio with the determination of the most efficient (by the costs, protection coverage, duration, rightsholders’ security, etc.) legal tools for IP protection of the business assets and further business development.
  2. IP audit report with a detailed description of all risks and opportunities associated with protection and monetization of projected business products and services.
  3. A detailed action plan with practical recommendations and measures to eliminate identified risks and to use all available benefits.

Summary

Getting along with the competitive information, the business understands all the strengths and weaknesses of its IP. The company can decide whether there is a need to acquire any IP, or plan a new one based on its core technologies. Issues concerning licensing, joint ventures can be decided based on the IP audit report. Therefore, one can easily comprehend that IP audit can prove to be a major factor for maximizing business opportunities and increasing profit margin.

Do you want to grow your business and make more profit from your intellectual property (IP)? Licensing or franchising your brand, technology, or even your business model can be a good direction. These IP models are beautiful, and both can be a path to successful expansion with less risk.

Are you unclear about the differences between licensing and franchising? Then let our overview of these two concepts guide you to make the right decision depending on your business goals.

Franchising: terminology and advantages

Most of the time, when we hear the term “franchising,” it refers to the business format of franchising. The franchisor is a company with a strong brand and a well-established and profitable business model or technology. It seeks to replicate that model or technology through franchising to others – the franchisees.
Macdonald’s, Starbucks, and Burger King are examples of well-known companies that have experienced great success and international reach through franchising.

Franchising involves a much higher level of oversight, regulation, and cost than licensing. However, choosing a franchise model ensures a higher level of operational control, which may be the best way to protect your business in the trade.

Get the Best Out of Your Intellectual Property: Licensing vs. Franchising

Benefits of franchising

If you embrace the franchising model as a tool for business expansion and monetization of your intellectual property, be prepared to reap the benefits:

  • Opportunity to receive immediate revenue from your franchisees to use the brand and business model (a flat fee for joining the franchise system, along with ongoing royalties and other franchising fees as specified in the franchise agreement).
  • Franchising extends the use and reputation of the brand, technology, or business model to a broader geographic area and audience.
  • Franchising ensures a higher degree of operational control of the franchise owner, which can be the best way to protect the brand and its use in commerce.
  • Franchising grants the franchisee the rights to an exclusive area or territory to eliminate direct competition with other franchise locations.
Get the Best Out of Your Intellectual Property: Licensing vs. Franchising

Licencing explained

In a licensing agreement, the business owner, the licensor, grants a licensee the right to use the licensor’s brand name or other intellectual property rights (such as copyrights). The important difference with the “franchising” model is that a licensing agreement typically does not involve replicating an existing business format. But as with franchising, the licensee’s business benefits from the licensor’s brand and intellectual property, and the licensee pays fees to the licensor accordingly.

The perfume industry is a good example of this – the majority of all known fragrances are manufactured and distributed by just two or three major perfume houses. Calvin Klein, Cerruti, Vera Wang, and Chloe, for example, are all manufactured and distributed by Coty under license from the brand owners. Similarly, the revenues that companies such as Disney, Warner Brothers, and BBC Worldwide derive from the licensing of merchandise in many cases exceed the profits from the corresponding film or TV rights.

Growing the business through licensing does not require as much time and financial investment as franchising. Therefore, licensing can be a more cost-effective solution to expand, at least in the beginning.

Get the Best Out of Your Intellectual Property: Licensing vs. Franchising

Advantages of licensing

Get into the licensing model if you want to reap such benefits from your intellectual property:

  • A license is easier to manage than a franchise.
  • License agreements are cheaper and easier to set up than a franchise and less demanding in ongoing management time.
  • A license can be granted to a third party who can use it in a consumer sector where the license holder has no presence or expertise.
  • Licensing works well when the licensor has developed a particular technology, know-how, brand image, or design that is attractive to licensees who want to integrate it into their existing business (e.g., software and database technology are always exploited through licensing).

Summary

If your goal is to expand and grow your brand through additional outlets or service areas, franchising is the proper legal model, and licensing is not an alternative.

However, before choosing a franchising business expansion model, keep in mind that not all countries have a clear and transparent regulation for this particular contractual area. Sometimes the laws are so extensive, complex, and ambiguous that you should consult a very experienced IP Expert and lawyer.

Should you decide to franchise before entering a new market, make sure that local laws govern intellectual property, and that the franchise agreement contains clear clauses on how the brand name, designs, and trade secrets such as production techniques are protected.

Suppose you want stable royalty income but have limited time and financial resources to get started and want to secure the business against unfair competition by controlling how other businesses use your brand. In that case, the licensing model is for you. Unlike franchising, licensing agreements are a well-regulated area worldwide.

Both franchising and licensing can make your business a success if you have spent some time researching which concept is best for you. Protect My Mark was established to help businesses in the MENA region understand the process of registering a copyright and other intellectual property rights. We not only provide IP protection services for individuals and businesses but also offer solutions that will allow monetizing your IP assets boosting your business growth.  Contact us today to see what we can do for you.

Watsapp Logo