In the written version of this segment, I will present from my knowledge and insight the resources that big brands use and apply them to startup brands.
There are numerous brands and brand classifications. First, I would like to talk about registered and unregistered brands. However, before we get into those topics, I want to share our experience. We started working in 2011, when three friends fresh out of school and with limited knowledge decided to choose a name: IPSE. We did the branding and bought the domain. At that time, we were told about registration, but they didn’t mention what I now consider to be the most important thing: without trademark registration, you cannot legally prove that a brand belongs to you.
Continuing with our story, in 2015 we considered registering our brand. Personally, I learned how to do searches, as we thought that would differentiate us as a brand. To our surprise, another company registered the name we had chosen, in the same sector as us. I regretted not having registered our name.
I did my research and it seemed like we were smaller than them. The truth is that we continued to work with our brand with uncertainty. Every time I learned something about trademark registration, fears, doubts and regrets arose. Despite that, I continued to work on the brand and now I can say that I have dedicated 12 years to dreaming, working and building this brand project. I have partners, collaborators and professionals who have enriched this project. I am never alone. Last year, I made the decision to invest in trademark registration because I want to have ownership of what I have built, ownership of my work experience during these 12 years. Over time, the brand went from IPSE to Crea IPSE. By making the decision and receiving legal advice, I confirmed what I already knew: neither IPSE nor Crea IPSE had a chance of success in registration with the IMPI. This involves investing in registration and waiting for them to say “no.” It is said that IMPI is the government department with the highest income, since many people pay for registration and do not obtain the trademark rights. For me, thinking about receiving a refusal implies another failed step in the venture (we opened a store that was not successful; I will tell that story another time).
I am like many entrepreneurs who started the project with a family loan or savings from their first jobs. Therefore, I think a lot about what I am going to invest my money in. Registering a trademark is something I have always wanted, but I never assigned a budget or a date to it.
There are unregistered trademarks that become famous and someone else registers them. In fact, there are many such cases in the ZMG. Therefore, if you decide to start your own trademark, with or without registration, I want to share these reflections based on my experience:
- If you start without registering it, someone else could win the name and you will have to make adjustments and modify it or add something to it. You might even have to register the name along with the slogan.
- You can also consider investing in an original icon design that you will only need to change the name of. In the past, a client asked us to change only the name after a year of creating the icon design, and we were able to successfully register the trademark.
- Please note that trademark registration requires an additional budget, as it is a design service that has a cost.
- When registering, it is important to invest in design, either starting from scratch or doing a rebranding. Having an original design increases your chances of success in registering with the IMPI.
- Allocate a budget and set a date for your goal of having a Registered Trademark. It should be part of your future growth plan.
Today, with the experience gained through our clients and our own ongoing By Crea IPSE trademark registration process, we have made changes and reinvested our time in rebranding. We have come a long way and my training in management for entrepreneurship allows us to advise future clients and understand the rules of trademarks.