Protect my creation
The first idea that emerges is that choosing a brand is first and foremost a strategy. It is no longer exclusively linked to the marketing of a product but represents a value that must be protected as such. Law 17-97 made it possible to put in place a certain number of mechanisms ensuring its protection at the time of its creation. In fact, everything is done to protect the consumer but leaving the market to revolve around free competition.
A brand is no longer just distinctive and must adapt to new challenges. To prevent any damage, it is advisable to ensure protection of its intellectual capital regardless of the products or services marketed; in the case of well-known trademarks, their protection must be extended beyond the products and services initially covered by the filing. Finally, it is necessary to ensure wide geographical protection by guaranteeing community or international deposits.
A mark is therefore territorial and specialized in essence, and only covers certain products or services.
The acquisition of the exclusive right to the mark is the culmination of administrative procedures. Its registration is conditioned by the validity and availability of the sign or term chosen to designate the product or service in question. Once registration has been completed, the trademark owner has a qualifying property right over it that is inalienable, provided that the renewal formalities are carried out. In principle, only the owner of the mark has the right to use it for the products or services designated for filing.
The advice of a professional can be useful to you to ensure the validity of your mark, in particular with regard to the wording of the chosen products and services. Indeed, you must register your trademark to designate a limited list of products or services. So be careful to register the trademark for all the products for which you plan to operate.
The lifespan of your brand.
It is with OMPIC that the trademark can be protected indefinitely, provided that the registration is renewed every 10 years. If you forget to renew your trademark, your rights to the sign are lost! But, there is an additional six months from the day after the due date. You will then have to pay a late fee The validity of your trademark.
By Fatim Zahra TAHIRI