Are you an exporter of cosmetics? Remember to secure your company's interests!
According to the latest report of the Polish Union of the Cosmetics Industry and the WiseEuropa Foundation entitled "Cosmetic Poland," Poland is the 9th largest exporter of cosmetics in the world and the 5th in the European Union. And the growth rate of the Polish market is constantly increasing.
The authors of the report argue that the above is caused, among others, by the following factors: extensive production and technological facilities, which guarantee variety and allow for the diversification of product offerings. Importantly, however, the report noted that cosmetics manufacturers in Poland are strongly oriented towards the export of their products. And this is not surprising since many domestic brands have already been successful abroad, in various, even the most distant countries.
Introducing your brand to a new market? Plan appropriate actions.
When launching a new brand, it is extremely important to plan your actions accordingly.
Firstly, explore the target market!
First, learn about the market in which you intend to operate and check whether your planned or already existing name or logotype do not infringe the rights of other entities. To do this, seek the advice of a patent and trademark attorney, who will carry out a trademark search and indicate possible risks associated with the use of a given name or logo to help you avoid subsequent allegations of infringement. The patent and trademark attorney will advise you on how to change the concept if it turns out that the rights of other companies are at risk of being violated.
From our experience, some entrepreneurs skip this stage when undertaking actions to launch a brand on the Polish market or expand their business into other territories, which is why they later face serious problems, which include, e.g. receiving requests to withdraw their products from a given territory.
As part of our practice, we strive to amicably resolve such disputes and try to negotiate the best possible settlement conditions, but it would be easier to take appropriate action from the start, to avoid the costs associated with the handling of such situations.
Therefore, it would be best to have a trademark search conducted by a patent and trademark attorney when your brand concept is being formulated.
File a trademark application to obtain protection!
Use the help of an expert, who, based on the information received from you, will develop a brand protection strategy in specific territories. The expert will also undertake actions to obtain protection in the most cost-effective way. Depending on your needs, the protection of your mark can be obtained in individual countries or in larger areas, e.g., in the European Union.
The patent and trademark attorney will also provide you with the information how to acquire funding to protect your brand.
Use your trademark.
When planning to obtain protection in specific territories, remember about the obligation to use the mark for your goods or services which arises after 5 years from the date of the mark registration.
The patent and trademark attorney will advise you on how to plan to obtain protection in individual countries and avoid unnecessary costs and the risk of being accused of failing to use the mark.
Remember about monitoring the filings of applications for the marks similar to yours!
Assistance from a patent and trademark attorney consisting in the monitoring of databases of patent offices worldwide after your trademark has been registered, will allow you to identify entities which intend to register a designation similar to yours.
As a result, you will be able to take timely action to block the registration of the mark in a specific country.
Monitor the market for infringements.
It is important to identify and combat infringements of your rights as soon as possible in the territories where you have obtained trademark protection. For this purpose, it is worth cooperating with a patent and trademark attorney as regards the monitoring of a given market. Our firm provides such services and effectively detects unlawful activities of other entities and takes effective measures to remove disputed products from a given market.
The packaging of your product stands out from the competition? Have it protected!
Elements related to your brand, such as packaging or label, are protected as industrial designs or trademarks.
The industrial design must be characterized by novelty and individual character. If the packaging of your product stands out from other products on the market, contact a patent and trademark attorney, who will tentatively assess whether protection can be obtained and then take action to secure the type of the right that will protect the packaging from being imitated by competitors in the most effective way.
The expert will help you determine the territories where your packaging will be protected.
Your technical solutions are innovative? Obtain protection.
When your cosmetic is an innovation on the market, use advice of an expert to find out if you can obtain a patent for it. A patent and trademark attorney will verify the current state of the art and check whether it is possible to secure the right. Be sure not to disclose your solution as this may make it difficult to obtain protection or will constitute grounds for the right to be terminated.
Protecting your rights at the border
Patent and trademark attorneys also undertake actions to protect your rights at the border. Protect your company from counterfeiting and contact an expert who will help you prevent the import of goods imitating your brand.
Plan an individual protection strategy.
These are some initial suggestions that will allow you to protect your brand abroad and safely execute your export business plans.
Remember that you can start cooperation with a patent and trademark attorney at any stage of your business operations. However, it is more effective when you seek it at the stage of planning the creation and development of your brand or a new product.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
