You have just registered your brand, invention, design, or other intellectual creation.
Congratulations! This smart decision can bring numerous benefits to your business.
See: Why should I register my IP?
You might be wondering if there is anything else that you could do in order to protect your intellectual property (IP) in the fullest extent possible and make the most of the registration. This article walks you through the steps you can take once you’ve registered your IP. However, stay vigilant also for non-registered IP. Some of the steps below can be followed to reinforce their protection too.
Keep your records: keep a copy of your registration certificate and any other documents related to your registered IP in an accessible and secure place. Keeping your proof of registration handy will help you prove ownership where there are negotiations or potential disputes.
Use your IP right: some IP rights, such as trade marks, might get revoked if they are not used for a certain period of time, thus leaving you unprotected. In addition, the more you use your IP in business activities, the more value it gains. For instance, in the case of trade marks, you can use them by affixing them to your products or their packaging, using them alongside your company name, or in advertising, always in connection with the goods or services for which your trade mark is registered.
Monitor new applications for identical or similar IP rights: regularly check out national and international IP databases to detect new applications that could possibly conflict with your existing rights. This will help you catch them and react in due time. As IP offices usually do not verify the similarity of the incoming applications with already registered trade marks, it’s up to the owner to watch for potential conflicts and object in time to avoid duplicate registrations. Some IP offices offer monitoring services (for EUTMs and EURDs, you can use alert functions provided in the eSearch plus tool). You can also turn to an IP expert for assistance.
Monitor for potential infringements: while registering your IP gives you exclusive rights, infringements are still possible. Keep an eye on your competitors and monitor both offline and online spaces, including social media channels and online marketplaces and domain name registers. There are companies and experts specialising in IP monitoring who can help with this.
Enforce your rights, if necessary: if you suspect your registered IP right has been infringed, act swiftly. This might involve asking the infringer to stop infringing your IP, starting negotiations, filing a lawsuit, or considering alternative dispute resolution options such as mediation. (see: Where to go if I need to take legal action against IP infringement?).
Remember to renew your right: some IP rights can be protected indefinitely provided the renewal fees are paid at specific intervals (e.g., trade marks), whereas some of them have a maximum duration (e.g., designs, patents). Make sure you know the rules for your IP rights and renew them before the deadline to avoid losing protection.
Don’t let anyone to catch you in a trap. Be aware of misleading invoices and avoid fraudulent payment requests. If you receive a letter or invoice concerning your registered IP, check carefully what is being offered to you and whether its source is genuine. You can browse through the list of detected misleading invoices and payment requests on EUIPO website. If you have any doubts or if you identify any new cases, please check with your legal advisors or contact your IP office.
Take control of your intellectual property: ensure your records are organised and accessible, use your rights actively, regularly monitor for new IP applications and potential infringements, enforce your rights when needed, and always renew your rights on time.
Any changes in the legal form or address, of grant of a license should be duly recorded in relevant IP registers – to keep information updated and to avoid any discrepancies in case proof/evidence of ownership of IP rights will be required (e.g. any license negotiations, any IP dispute).
Embrace these steps to maximise the value of your registered intellectual property!