Whether you join TikTok’s ‘hear me out’ trend or Insta’s thrifting trend, one thing is for sure: social media is essential when promoting your products. The more visible you and your brand are the better, but you need to make sure that others don’t make unauthorised use of that visibility. Here we give you five practical tips on how to avoid that happening.
Tip 1 - Register your name as a trademark
It is frustrating but true: your company name (which, officially, is your trade name) or your name, or profile name on social media afford you little or no protection against others who use your name on social media. You can only protect yourself properly by registering your trademark, and you can only register your trademark with an official body. For the Netherlands, Belgium and Luxembourg you do that together in one go, with BOIP.
In itself, your name, or profile name, gives you absolutely no rights. Taking action against misuse on social media is also more difficult with your company name than with a registered trademark. For instance, you can take action against others who – after you – use a company name which could be confused with yours. However, that is only possible in the region and in the branch in which you are active. They must also be actively using that name as the name of their business: on business cards, on their website or on their offers, for example. The question is whether tackling them will be successful if you only have a social media profile with the same name.
Protecting your name properly on social media starts then with registering your trademark. This is because once you have registered your trademark you have the exclusive right to your name or logo, both in the field and for the products and services you have registered it for, and that makes it easier for you to take action against misuse on social media. It means, for instance, that you can take action against anyone who uses your name or logo to sell the same products or services without your permission.
These are 7 benefits of registering a Benelux trademark
Tip 2 - Use the ® symbol once you have registered your trademark
Use the ® symbol to show competitors and customers that you have registered your trademark. That way everyone can see that your trademark is protected intellectual property. It helps to deter competitors who want to make unauthorised use of your trademark. The ® symbol also signals credibility to your customers. By using the ® symbol you show that your brand is worth so much to you, that you have protected it properly.
Place the ® symbol next to your brand name
Tip 3 - Monitor your trademark
Registering your trademark is important for the protection of your brand, but you also have to maintain and monitor your trademark. BOIP Trademark Alert helps you with monitoring your trademark. It is an online notification service which notifies you when someone applies for a new trademark that is similar to yours.
It is also wise to keep an eye yourself on how your brand is discussed and shared on the web and on social media. There are all kinds of social media monitoring tools you can use to monitor your trademark. Doing so means you can take action quickly if someone makes unauthorised use of your trademark.
A helpful tool: BOIP Trademark Alert
Tip 4 - Make clear agreements about the use of your trademark
Do you have to brief others about the use of your trademark: employees for instance, or influencers you work with? If so, draw up clear guidelines then, and make clear agreements about how you want your brand to be promoted and represented on social media. That way it is clear for everyone what the do's and don'ts are with respect to your brand. You also have more control over the manner in which your brand is represented on social media.
Tip 5 - Take action against infringement
Suppose someone does make use of your trademark without your consent, what then? The most important thing to do is to take action immediately. Contact the infringer and explain the situation. You can also make a complaint via the social media platform. Most social media platforms have their own procedure for reporting trademark infringement. If you wish to make use of it, you need to have registered your trademark. If you are unable to reach a solution with the infringer, you will likely have to send a so-called demand letter, or have one sent, or go to court with your trademark registration. In such a case, you would be wise to take advice from an IP professional.
5 tips for good trademark protection on social media:
- Register your trademark
- Use the ® symbol once you have registered your trademark
- Monitor your trademark
- Make clear agreements about the use of your trademark
- Take action against infringement
