by Stephanie Pottick, Esq., Pottick Law PC & Protect for Success
As a toy company or brand owner, your intellectual properties (IP) — your names, logos, characters, product designs, and packaging — are some of your most valuable assets.
Protecting your IP is essential: There’s copyright for illustrations, logos, designs, and more; patents for unique innovations and designs; and, of course, trademarks to protect your brand name, logo, and more.
I often get asked: “Where should I be protecting my brand?” As usual, the answer is “it depends on your situation,” but here are some key considerations to help you figure it out.
- First, consider where you will sell or license products (or services, for location-based entertainment). Protection in those countries is the top priority.
- Next, consider where else you should consider IP protection. The answer is everywhere you intend to sell or license your IP, and sometimes where products are manufactured.
Tip: Did you know that if you manufacture products in China, if someone gets a trademark for your IP before you do, they can use that registration to potentially block your products from leaving the country? It’s true! China has a “first to file” system for trademarks. Whoever files first wins.
- 3. How do you decide what to do where? A lot depends on your budget. Worldwide IP protection can get expensive very quickly, and you may not want (or be able) to “do all the things” everywhere. That’s why it is so important to work with experienced professionals to help you strategize what steps to take, including when and where to take them. Each company has a unique vision and needs a strategy tailored to that situation.
More points to keep in mind:
- Trademark, copyright, and patent laws and protections are country-specific, and different rules apply.
- If someone protects IP before you do in a given country (see: China), you may have difficulty doing anything about it. Taking legal action to regain your rights is expensive, and results are not guaranteed.
Unfortunately, knockoffs are increasingly prevalent with more accessible manufacturing (think 3D printers) and instant insight into new, successful brands available via social media (think POPMART’s Labubu). So, if you don’t take steps to protect your IP, it will be that much harder. Don’t wait for your success. Being forward-thinking can save you time, money, and peace of mind
Your global IP domination journey begins with the first step — what will yours be? Stay safe and stay legal!
Disclaimer: This article is for informational purposes only and not intended as legal advice. Don’t rely on anything without doing your due diligence first.
