Every company, particularly a startup, needs a competitive advantage. Knowing how to protect your brand online while leveraging your intellectual property (IP) rights can ensure a more prosperous future for your brand than others in a similar space.
Below are 5 reasons why you should prioritise protecting, managing and enforcing your IP rights for the best commercial results:
1. Having the right type of intellectual property helps prevent others from stealing it.
You can protect your name, designs, function and even smells. However, the decision as to where to protect your IP is something not to be taken lightly. While it may seem unnecessary and expensive to think outside your home territory, particularly at the start-up stage, it’s worth doing so. In many territories, unscrupulous businesses exist which register your genuine IP in their names – and this can cause you severe headaches if you decide to manufacture, sell, or export to this territory in the future.
2. Protecting your IP secures future value and prevents brand disputes.
Building brand recognition and reputation takes time so even when in business infancy, be proactive with filing relevant IP such as trademarks and domain names. This should prevent future mishaps or rebranding if someone else has similar ideas, simultaneously. Your formal registration/s will be valuable in the event of a dispute, saving on your having to rebrand – which would then be up to the non-registered, opposing party.
3. Protecting intellectual property early avoids early disclosure.
In our experience, start-ups, often eager to impress potential investors, or potential customers, disclose what could be hugely valuable intellectual property far too early, meaning it cannot be adequately protected through the formal registration processes. This has been seen time and time again with wonderful, crowd-funded products which have been hijacked by others before trademarks, design rights or even patents have had a chance to be filed. This enthusiastic but unstructured approach can be hugely detrimental for future growth.
4. Intellectual property can be owned, licensed and sold.
It can belong to one person, a business or to many people, or businesses.
Potential investors, have been known to insist on what are almost impossible IP rights before taking conversations about investment forward. Do not be deterred by this. While the ‘patent’ is always made to sound as if it’s the be-all and end-all of IP, patents can be very difficult to obtain, are not for everyone. Alternative options such as registered trademarks and unregistered copyright can also be hugely valuable, particularly in the fight against online IP infringement. Design rights (or design patents in the US) are also very much worth considering for the look, shape, configuration and decoration (but not the function) of your product. Each business should carefully consider IP rights and choose the most appropriate for them.
Investors want IP because it shows you have thought about protecting your business idea/product and you should be able to defend it if necessary. IP can also be bought and sold, so a business with good IP is worth more than one with none. And investors need a return on their investment. Always.
5. Protect your IP while you perfect your product – plan it early.
Many countries require absolute novelty to obtain patent protection. This means that it’s crucial for a business to file a patent application before publicly disclosing – to anyone – your potentially patentable invention. If you do not file for the patent before disclosing your invention, it may prevent your invention from being patentable in some countries.
If you’re still developing, but keen to get filing – which can be very sensible – it’s sometimes possible to apply for a provisional patent to preserve your IP in the interim (depending on the territory). More inexpensive than full patents, this would allow you 12 months to continue your research and development and honing of your end product. Before applying for a non-provisional patent.
How SnapDragon can help
At SnapDragon, while we are not trademark or patent attorneys, we live and breathe a love for intellectual property. We know how important it is to protect your brand against intellectual property infringements – and we’re here to make sure you can maximise your intellectual property’s value, protecting your business, your revenue and your customers. (And we can introduce you to lots of wonderful IP attorneys and lawyers who can help with registrations, should this be useful).
We offer Trademark, Copyright, Design, and Patent monitoring across international markets, which is crucial for brands selling in multiple regions. We focus on identifying and combating online threats across Domain, Search Engine, Social Media, App, and Marketplaces.
Here’s how SnapDragon’s online brand protection solutions can help you:
Monitoring Online Threats:
1. Detecting Counterfeit Products
SnapDragon uses advanced technology to monitor online channels such as social media marketplaces (like Amazon, eBay, Alibaba, etc.) for product counterfeits that infringe on your brand’s trademarks.
How it helps: By identifying fakes early, you can take down infringing listings before they harm your revenue or reputation.
2. Trademark Monitoring
SnapDragon’s online brand monitoring services allow us a close watch on trademark misuse across domains, websites, e-commerce, social media, apps, and NFTs. It identifies any unauthorised use of your brand name, logos, trade dress, or related marks.
How it helps: Ensures your trademarks remain exclusive and aren’t misused, which helps in maintaining reputation.
3. Protecting Domain Name
SnapDragon can help you monitor domain name registrations to identify cybersquatters or fake domains that use your brand name maliciously.
How it helps: Prevents the risk of phishing scams or copycat websites that might harm your customers or reputation.
4. Monitoring Social Media
Counterfeiters and bad actors often use social media platforms to promote fake goods or misuse brand identity. We use social media monitoring to uncover unauthorised use of your brand across social media platforms and posts.
How it helps: Ensures your online presence remains authentic and free from exploitation.
Taking Action
1. Takedown Services
Once infringing content or products are detected, our expert team assists in issuing takedown requests to platforms, fake websites, or e-commerce sellers. This process is often streamlined for speed and efficiency.
How it helps: Swift action minimises financial loss and reputational damage.
2. Custom Reporting and Insights
SnapDragon provides actionable insights and comprehensive reports detailing potential infringements, threats and takedown results.
How it helps: You gain visibility into the scale of the issue and the effectiveness of the protection efforts.
By using our tools and expertise, businesses can actively combat counterfeiters and other threats that undermine their brand’s value and trust. For a no-obligation discussion and to learn how we can help to protect your IP simply contact our brand protection experts now.
Frequently Asked Questions
What is online brand protection?
Online brand protection refers to the strategies and measures that businesses implement to safeguard their intellectual property (IP) in the digital space. This includes monitoring and enforcing trademark, copyright, design, and patent rights, ensuring that the brand’s image, revenue and consumers are upheld on online platforms.
Why is it important to protect my brand online?
Protecting your brand online is essential to maintain your business’s integrity and customer trust. It prevents unauthorised use of your brand, deters counterfeiters, and helps to ensure that your customers receive the quality and service they expect from your business. A strong online brand protection strategy can also enhance your brand’s value and revenue.
When should I start thinking about brand protection?
It’s advisable to think about brand protection as early as possible, even during the product development phase. Conducting thorough IP searches, filing for patents, and securing trademarks before public disclosures can prevent issues later on. A proactive approach is key to safeguarding your intellectual property from the outset.
What steps can I take to protect my intellectual property (IP)?
To protect your IP, consider the following steps:
- Conduct diligent research to identify potential IP rights.
- File for patents, designs or trademarks before disclosing any inventions.
- Create comprehensive employee and contractor agreements that stipulate ownership of created IP.
- Utilise provisional patents as a temporary measure while developing your product.
- Leverage online brand protection services to monitor and enforce your rights across online platforms.
What is a provisional patent, and how does it work?
A provisional patent is a temporary application that secures an early filing date for your invention while allowing you to continue refining your product for up to 12 months. It’s a more cost-effective way to preserve your IP before applying for a full non-provisional patent. After that period, you must file a non-provisional patent to obtain full protection.
