An icon reports on the do's and don'ts of trademark protection

In terms of trademark protection, this event should have taken place in at sunrise rather than at noon, as it's better to start early rather than late. Start-ups and SMEs seeking trademark law support benefited from this best-practice event hosted by the Swiss Federal Institute of Intellectual Property (IPI). Participants looking for an overview of the various scopes of trademark protection and answers to questions like "When is the right time to start and how?" gained valuable insights.

The highlight of the event was the guest invited by the IPI, Bernard Volken – a proven expert in the field of intellectual property law. We are confident that the event did not only provide the participants with a fresh and clear perspective on trademark strategy but also demonstrated its importance through Bernard's guidance. Here are some helpful approaches that Bernard conveyed in an engaging manner:

Strategies Wisely, Protect Smartly

For startups looking to carve out their niche, the message is clear: focus on strategic trademark planning. Absolute protection isn't just unrealistic – it's unnecessary. The true art lies in crafting a strategy that fits your unique brand identity and market goals.

The Balance of Emotional and Legal Branding

Understand the dual nature of trademarks. On one side are the 'soft' factors – your brand's emotional appeal. On the other, the 'hard' factors – the legalities. Aim for a memorable brand experience while navigating the legal landscape shrewdly to safeguard your brand.

Avoid Overextension: The Pitfall of Misclassified Trademarks

Overreaching in trademark classes can dilute your brand's impact and drain resources. Learn from the missteps of major brands. Apply the 'Principle of Speciality' judiciously to ensure your trademark classification is precise and purposeful. Remember, trademarks are protected only in connection with specific goods and services.

Choosing and Protecting Your Trademark

When possible, choose a word mark. Selecting the appropriate trademark – whether it be a distinctive shape, colour, or sound – is crucial. You can protect almost anything, but not everything makes sense. Prioritise broad protection in your home market and then consider future expansions. Your trademark is your flag in the competitive landscape – plant it wisely. Start now, and after 3-4 years, reconsider if you need to protect another market or product. A top tip from Bernard: Be cautious with graphical elements.

Enforcement on a Budget

Protecting your trademark doesn't mean breaking the bank. Leverage cost-effective tactics like cease and desist letters. Intellectual property protection does not always have to be expensive: design, brand, and product can be protected on a moderate budget. Remember, the goal is to maintain your brand's integrity, not to engage in costly legal battles.

The Right Time to Invest in IP

The early bird not only gets the worm but also peace of mind when it comes to IP protection. Start with design protection; it's affordable and foundational. For about 200 CHF, you can begin with copyright protection and design. IP management is a dynamic balance of cost, coverage, and strategic foresight. Also: One of the first questions investors often ask startups is about their IP.

When to Call in the Experts

Defending your trademark later can be far costlier than investing in the right strategy now. As your portfolio grows, consider whether you need an in-house specialist or if it's time to bring in outside expertise. Make these decisions with your brand's future – and your budget – in mind.

By following these principles, startups can create a tailored approach to trademark strategy that not only protects their intellectual property but positions their brand for long-term success.

Networking and valuable tips from the IPI team

At a lively networking lunch, Bernard and other IP specialists from the IPI engaged with enthusiastic attendees, sharing insights and sparking lively exchanges. This session not only facilitated the forging of new relationships but also allowed for the exchange of valuable advice and experience. The expertise of the IPI staff and the institution itself is a significant asset to the SEF.Growth programme and underlines its commitment to fostering collaboration and growth within the industry.

The role of the Swiss Federal Institute of Intellectual Property (IPI) extends beyond these events, as it is responsible for the examination, granting and management of industrial property rights, including patents, trademarks and designs. Working with government agencies, trade organisations and businesses, the IPI also plays a crucial role in maintaining the integrity of Swiss indications of source, both domestically and internationally. This comprehensive approach ensures a robust support system for the management of intellectual property in Switzerland.

SEF.Growth Event with IPI