When selecting an intellectual property (IP) protection mechanism, it is important to determine what is necessary to protect the product and what it will cost to enforce that protection. A trademark or patent only means something in a market if its holder is prepared to defend it against infringements. In some markets, that may not be feasible.

Intellectual property (IP) protection mechanisms are only effective if evidence of infringement is monitored. A lack of surveillance for IP infringement can lead to a loss of patent or trademark protection, for example:

• Laches: When a patentee waits too long to lodge a complaint.
• Equitable estoppel: When a presumed infringer, relying on actions or communications from the patentee, reasonably believes they can continue to practise the patented production process.

How are patents and trademarks infringed upon?

It is important that patent and brand holders are proactive about patent and trademark protection. There are several types of infringement:

• Literal infringement: Where each and every element of a patent claim is found in the alleged infringing product or process.
• Doctrine of equivalents infringement: Where the alleged infringing product or process is substantially the same as the patented product or process.
• Contributory infringement: Where a party contributes to infringement of a patent by selling a component that has no other use but as part of a patented product.
• Inducement to infringement: Where one actively and knowing aids and abets another who is directly infringing a patent.

IP infringement monitoring is also an important function in the prevention of counterfeiting. Counterfeiting of products can lead to millions of dollars of losses, depending on the product and how long it persists without being detected and acted upon.

It also has the potential to be dangerous for consumers. Industries such as the pharmaceutical industry invest significant resources to prevent counterfeiting, which has the potential for disastrous results. Additionally, counterfeiting can undermine an organization’s reputation and brand image.

Want to learn more about mitigating potential IP risks? Check out the FITTskills Product Development online workshop!

Your next steps in patent and trademark protection

Monitoring for IP infringement requires establishing surveillance protocols that can assist in detecting infringement as well as counterfeiting. Organizations have a wide variety of internal practices and monitoring of external indicators that they can use.

Internal protocols could include:

• Ensuring the claim and scope of patent or trademark registration is sufficiently broad to claim clear economic potential
• Reviewing licence agreements on a regular basis
• Acting quickly to contact infringing parties
• Monitoring internal processes
• Following security protocols for shipping and traceability, e.g. RFID tags, container seals, UPC bar codes
• Employing product protection techniques, such as hologram labels, and other identifiers that cannot be copied
• Monitoring waste/scraps to prevent use of legitimate proprietary materials to produce unapproved, unlicenced products
• Training employees throughout organization on importance of IP protection and potential leakage points

External protocols could include:

• Employing infringement monitoring services or designating in-house personnel to monitor key relevant web and media sites to watch for potential infringement
• Ensuring suppliers are delivering authentic components to prevent risk of sub-standard or counterfeit components
• Qualifying distributors to ensure counterfeits have not infiltrated legitimate goods
• Checking in with licensees and distributors if they complain of infringements
• Educating retailers to recognize legitimate products
• Conducting audits of product on retail shelves
• Working with law enforcement agencies, including border control agencies, and assisting to identify seized products
• Employing appropriate legal counsel to follow up with infringement and counterfeiting claims

Diligent surveillance for infringement and the prevention of counterfeiting is important for organizations to recoup their investment in research and product and brand/image development. While monitoring for infringement in the global market is complex, it is important for organizations and investors to ensure their investment is protected and that international trade operates in a fair and equitable manner.

Implementing intellectual property protection strategies

Organizations involved in international trade in any capacity, whether licencing, off-shore manufacturing or exporting, must ensure that they identify and protect the IP that underlies their competitive advantage. It is imperative that they research and understand the IP protection environment in each country where they are involved.

Organizations need to determine if patent and trademark protection is viable by asking themselves “what is the cost of losing ownership of specific IP?” Then if their IP is worth protecting the next questions are “what is necessary to protect our product?” and “what will it cost to enforce that protection?” Employing due diligence to properly assess the costs and risks to IP before entering a market is a smart, proactive business strategy.

Organizations willing to make a commitment to protect their IP should:

• Select a method of protection.
• Monitor the use of their IP.
• Ensure proper contractual agreements are in place for all international trade activities.
• Obtain qualified legal advice.

A lack of patent and trademark protection can cost organizations millions of dollars in lost sales if IP is not properly assessed and valued by organizations.

Furthermore, it risks losing millions of dollars—of resource investment in research and development, acquisition of facilities and equipment, training and the building of corporate brands and images—to unscrupulous competitors who do not share the burden of those initial product development activities, and take advantage of the lack of IP protection.

IP protection is an important aspect of business activities that is integral to the position of an organization and its products, in the international marketplace.

The post How to develop effective international patent and trademark protection appeared first on Trade Ready.

The brand identity should:

• Meet the purpose and objectives of the organization.
• Meet the needs of the target market for the brand.
• Define key brand characteristics to be communicated.
• Highlight the benefits of the products or services associated with the brand.

Some organizations start this process by completing a creative brief with details such as the organization’s vision, its target audience, the objectives of the brand identity and its key thought or idea. Some marketers use mood boards in addition to creative briefs. A mood board is a collection of images, materials and text that depict the brand concept. These tools help them define the brand identity and adjust it for new markets, if needed. Find examples of these online.

Want to learn more about how to appeal to the values and preferences of the target market by developing a strong international brand? Check out the FITTskills International Sales & Marketing online course.

Stand out from the crowd with a memorable brand name

The brand name provides potential international customers with information about the service or product and can help them form an immediate impression about the organization. Carefully selected brand names distinguish an organization’s service or product from a competitor’s. Also, it can send out a strong message about the organization’s marketing position or corporate personality.

Ideally, a brand name should be:

• Short and simple
• Easy to spell, pronounce and remember
• Pronounceable in only one way
• Indicative of the benefits of the product or service
• Easy to adapt to packaging and labelling requirements or to any form of advertising
• Non-offensive or negative
• Unlikely to become dated
• Legally available for use

International organizations take a variety of approaches to finding the right brand name. One approach is to simply invent a new word. Take Kodak for instance. Invented by founder George Eastman, the name Kodak (a word without a meaning) was deemed to be easy to pronounce and was non-offensive in the organization’s target markets.

Another strategy is to use a name that can be easily translated into different languages, such as Mr. Clean. Around the world, the iconic Mr. Clean character is known as Maestro Limpio (Mexico), Monsieur Propre (France) and many others.

The stakeholders involved in selecting the international brand name would benefit from the insights and guidance of individuals who are fluent in the international market’s language and culture. Found below is a list of the typical ways to select a brand name.

Similarly, these processes could be used to select an appropriate international logo, slogan, colours, numbers and imagery.

1. Research brand names in use

Determine the brand names currently in use in the target foreign market then evaluate their effectiveness.

2. Identify three to five product or service characteristics

Determine how the product or service should be represented to the target market. Then pinpoint the traits of the product or service that will distinguish it from competitors which will help convince consumers to purchase it over the competition.

3. Identify three to five organizational characteristics

Determine how the organizations represented to the target market. Identify the personality traits of the organization (e.g. efficient, unique and supportive) that would resonate with the target audience.

4. Create buzz words

Create a list of all the words and phrases associated with the characteristic or personality traits from steps two and three. Also, make sure the words and phrases on the list correspond with the offering if you want to incorporate that into the name.

5. Envision the brand name

Consider how the list of words and phrases generated would look if featured on a billboard sign or on the product’s packaging. Include possible graphic images and print typefaces for enhancing the appearance of these phrases. It might help to consider how these names would sound when spoken. Throughout this process, it will become easier to reduce the list of words and phrases down to only the most effective and captivating.

6. Test possible brand names

Once reduced to 10-15 names, test potential customers’ reactions through focus groups or surveys.

7. Check for availability of use

Last but not least, check whether the remaining brand names are available for use via trademark search. For a fee, advertising or marketing firms, or certain attorneys, can conduct this type of research. Another option is to submit a formal request for a trademark or service mark and wait to see whether it is approved.

The post Develop the perfect brand name for your business with these 7 simple steps appeared first on Trade Ready.

The nuances of languages and culture can lead to misunderstandings. It is therefore paramount for an exporter to understand the importance of the communication process and how it relates to the company’s promotional activities in mass markets abroad.

When marketers factor in the various legal, cultural and linguistic factors that could prevent them communicating their message to new markets with the same clarity as their existing customers, their efforts can serve to build a strong brand relationship and win over a whole new group of customers to their products.

Don’t make assumptions about cultural and linguistic considerations

Linguistic and cultural diversity has a direct influence on the form and content of the promotional message.

Some confusion may be overcome by creating advertisements that use pantomime or voice-overs, as in some television commercials. However, this is more than just a matter of translation.

In some cases, underlying symbols have completely different meanings.

For example, we associate lemons with cleanliness and freshness, whereas in the Philippines, lemons connote illness.

Other cultural considerations must be reviewed and taken into account when considering promotional strategies and marketing campaigns.

A simple method of understanding the cultural norms for advertising and promotion is to review magazines, television commercials or other mass marketing tools from the local market, such as billboards or newspaper advertisements.

In some cultures, what is socially acceptable is immediately apparent.

Get a competitive advantage with your packaging and labelling

Transferring a brand image to global markets can pose many challenges because of cultural differences and buyer preferences.

Logos, packaging and advertising that some countries find acceptable—and indeed sometimes appealing—can unwittingly cause offence in other countries. It is not uncommon that an agent or distributor recommends packaging changes.

A foreign-made product can enjoy a certain advantage in many countries but there is rarely much sympathy for poorly thought-out marketing efforts.

Keep control of your trademarks, patents and copyrights

The product logo should be tested and then registered in the target country. This is done through a trademark or patent agent. The logo or trademark will be used on all correspondence, advertising and public relations material.

The agent can provide information about the uses and limitations of the company’s symbol.

Copyrights, patents, trademarks and registrations do not automatically leap across national borders.

What belongs to a company in Sweden may belong to someone else in another country. In some countries, such as Japan, foreign trademarks can be registered even if the product is not in use.

McDonald’s corporation found this out when a Japanese food company registered its golden arches trademark under its own name before McDonald’s had a chance to do so.

Several companies have made decisions not to enter certain markets with their products largely due to the inability to protect their branding or enforce their patents or trademarks.

While many countries, such as China, have taken drastic steps to co-operate with international companies and authorities to counteract this practice, the international marketer must take into account the possibility of piracy depending upon the nature of their product and the target market.

Shaping the promotional message to meet your customers

In conducting international mass marketing or promotional campaigns, companies know that the promotional message in each market may be different.

For example, IBM is promoted as American in Japan and European in Europe. The Japanese still perceive American goods and services as being of high quality, whereas Europeans do not.

Conversely, some companies want to promote the same image in each market: this is the approach taken by BMW and Levi Strauss.

The promotional message may differ depending on the product being promoted and nature of the target foreign market.

What steps are you taking to tailor your marketing strategies to fit in new markets?

The post Win new customers worldwide by tailoring your communications and promotions for new markets appeared first on Trade Ready.