Creating a multi-asset portfolio enhances protection efforts and facilitates monetisation. For example, it is essential to consider all aspects of IP protection, including trademarks, designs, trade dress and copyright. Many companies rely on registered Community designs in the European Union. Although these can be difficult to enforce and there is no in-depth substantive review process or opposition procedure, such registrations protect designs for up to 25 years. This is particularly useful for products with long market lives, such as perfume bottles. Many counterfeiters will ship perfume bottles without the brand’s trademark on them to avoid the bottles being held at Customs – design protection is useful here and can extend protection to the shape of the bottle itself. Given that it is fairly inexpensive to apply for a registered Community design, companies have a tendency to over-register as a means of protection and will then follow up with regional filings in specific territories and tertiary markets to save money.
Practical strategies for managing luxury brands
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