An author’s still life expresses a value to be protected. We at Studio Concept take care of every aspect, starting with the protection of your cosmetic brand.
Indice
What is a trade mark and why is it important to register it?
It all starts with brand design, this is the inevitable step when embarking on a path in the cosmetics industry. Following every legal aspect is one of the most important steps. It is inevitable to take care of the brand, neglecting it could lead to repercussions in the short and long term.
While the logo and the trade mark are understood as synonyms in everyday language, the two terms have a profound difference in legal terms. The former represents the graphic component and, not surprisingly, is referred to as a ‘shape mark’. A trade mark, on the other hand, can include any expression that can identify a brand, even the tune of a ring tone can be defined as a trade mark.
Brand awareness is one of the solid pillars of cosmetics that works. It is therefore necessary to protect its distinctive sign through brand registration. Global cosmetics thrives on competition, defending one’s brand is inevitable.
How to protect your cosmetic brand logo
By relying on professional design, this allows for the development of a viable brand and its appropriate protection. The logo is the real core of any cosmetic design, characterises the packaging and is the distinguishing mark in online shops and on shop shelves.
Although the logo is essential, many fall back on an even more immediate aspect: the name. Registration of the name creates an initial curtain of security around the brand. While copyright registration can last for life, trade mark registration requires renewal every 10 years.
Registration as a figurative trade mark but also the affixing of a watermark are well-known tools in logo protection. The best defence, however, starts already at the design stage, as the idea must comply with the strict rules on the protection of registered trade marks. The risk is to waste resources on a logo that cannot be used.
Contact us for more information on our services
The requirements and procedure for registering a logo
Every figurative mark must be unambiguously associated with the company, which implies that the logo must be unique and original, distinguishable from all others, clearly and immediately associated with the company that holds the rights to it and, above all, not confusable with other similar logos.
Designing a logo is in itself a job for professionals. Its registration is therefore a step that only takes place after a thorough prior art search. Only now can the logo go through the actual registration process.
The Italian Patent and Trademark Office is the reference for filing an application to register a logo. You have to provide all the necessary documentation and pay the registration fees. The Office publishes the application in the Official Bulletin and a six month window for opposition. After this window has passed, the logo is registered and can enjoy the ® to indicate it.
Italian, European and international marks: what are the differences?
What is the target market of the cosmetic brand? Answering this question is also essential for brand protection. In fact, there is a profound difference in the strategies to be put in place for brand protection according to its catchment area.
Registration with the UIBM protects the company only within the Italian market, cosmetics operators abroad are therefore required to register with the relevant offices in the target countries of their market. Protection within Europe, on the other hand, is the responsibility of EUIPO, the European Union’s intellectual property office.
Things get more complicated when the target of the cosmetics business is global, as there is no single title that can protect the trade mark in every part of the world. However, one can resort to the World Intellectual Property Organisation, the WIPO takes care of trademark registration in the countries that adhere to the Madrid system.
What to do in case of trade mark infringement: legal protection
If the creation of the brand is the first of the challenges, being able to protect it is the safety curtain for the longevity of the brand. There is so much competition in cosmetics that any legal flaw can cause heavy damage.
Once the infringement of trade mark rights has been established, there are several options: there is opposition to the registration of the trade mark at the UIBM or one must take the legal route. Urgency recourse to the Commercial Court is the first approach, this is functional to stopping the infringement.
The second-level defence may go through a case on the merits. The legal instrument is certainly less short-lived than the emergency intervention, but this allows for the eventual recognition of the injury related to the violation and the corresponding compensation. That is why professional planning and registration are essential; appreciating them is the first way to defend oneself.
In the competitive universe of cosmetics, logo and brand protection is an essential component of a brand’s overall strategy.
Studio Concept, with its dedication to the quality and visual artistry of still life photography, has realised the importance of safeguarding every aspect of its brand. This is to sustain the uniqueness of our design and to ensure that the value we create remains distinctive and protected in the global marketplace.
