Thursday, September 20, 2012
As a result of the current crisis being experienced in Europe and in Canada in particular, internationalization has become a necessity for any business project of a certain size. To deal with the output guarantees abroad, entrepreneurs have to make sure they can use their brands in the countries to which exported. This problem can be solved with a simple brand feasibility study, and a subsequent trademark that includes the legal requirements of each country.
Consequently and as a step prior to export is highly recommended to own trademarks in the territories objectives, or at least have pending marks, being a key player in trade negotiations with third parties, such as manufacturers, agents or distributors. Possessing trademarks is not only the opportunity to offer a license as part of a trade agreement, also can avoid unpleasant surprises.
Not the first time after an interesting first meeting with potential allies in an internationalization process appeared a solitude national brand by the other party (under his ownership or under a figurehead) which will make the negotiation in your favor. Imagine what that can mean having to change the name and labeling of a product such as oil. Or what may be even worse if no agreement is reached, find the oil marketing by others of dubious quality, with the same brand in a commercially interesting territory without being able to stop it.
One must also consider the possibility of causing infringements of trademarks by third parties if we introduce products or services into new territory blindly, ie, without knowing that other brands may exist in this territory. The legal consequences of a trademark infringement can be very unpleasant.
We have a recent example of this type of situation the iPad brand in China: The iPad trademark in China is not owned by Apple . After detection by Apple Inc. earlier trademark in China were launched to acquire such assets. In this case, the changing circumstances and lack of foresight or overconfidence by Apple put their interests on the ropes. Among other things, it formalized the transfer or license of brands to the China Trademark Office, which would have resolved the issue. This is a good test of how important it is to plan and implement strategies well trademark.
As a final note to emphasize that these premises registration should also be considered when attending international trade fairs and exhibitions, spaces created for meetings with potential allies and which attract many eager competitors new ideas.
Always do research previous records in every territory in which to sell and to deposit a trademark application. Early detection of previous records allow making strategic decisions.
For More Details Please Visit Us At : www.torontobarristers.com