Why should I protect my brand?

While positioning a brand in the market isn't easy, imagine if, once you've successfully positioned it, someone else were to profit financially from your efforts and work? This is very common in the commercial and branding world, and although protecting it isn't mandatory, failing to do so carries significant financial and legal consequences for business owners. Why would it have financial consequences? Well, plagiarizing a brand's identity can lead to other companies using it for their own products or services, generating confusion and allowing competitors to take advantage of the reputation, relationships, or businesses the brand has already developed. This will not only reduce your company's profits and confuse your customers, but will also greatly damage your business's reputation and image. Not having a registered trademark represents a high risk to the advertising and marketing investments already made. All of that investment is vulnerable due to the lack of ownership rights. Furthermore, the legal consequences will not be long in coming. As a result of this plagiarism, the infringer may decide to legally protect the trademark, thereby forcing the original creator to cease using it, as the infringer would then become the legitimate owner of the trademark. Below are some of the advantages you'll gain by protecting your trademark:

1. You will have legal protection for your trademark, guaranteeing you the exclusive right to use it to identify your products or services;
2. It ensures that your current and potential customers can identify your company without the risk of being confused with the competition;
3. You gain greater credibility and business prestige;
4. It provides you with consistency and solidity in the market;
5. You can transfer the rights to your brand to third parties through licensing agreements, which would generate more economic income for your business;
6. Increase the value of your company, as protected brands become a business's best asset;
7. It guarantees that your brand's reputation will not be misused by third parties;
8. You may take legal action against any unfair competitor who wants to use your distinctive sign.

If you are interested in registering your trademark and need advice, our Intellectual Property experts will be providing you with all the support you need. Do not hesitate to write to us atpalarcon@lexincorp.com.