Marketing and Monetization of Industrial Property for SMEs
In recent days, our partner @Arleencastillo had the privilege of participating as a trainer in the first program on “Commercialization and Monetization of Industrial Property for SMEs” organized by the World Intellectual Property Organization (WIPO), in collaboration with the National Intellectual Property Academy (ANPI) of ONAPI.
During this training, five fundamental modules were addressed, including topics related to industrial property, tools for idea generation, business models, and monetization systems. This was done with the aim of strengthening training in the commercialization and income generation from industrial property for SMEs, thereby promoting their growth.
Written by the Innventiva Legal team. If you want to learn more about this and other intellectual property topics or receive legal assistance for your new projects, write to us at info@innventivalegal.com
Don’t miss tomorrow September 20🗓, in the framework of the II International Congress of Intellectual Property, the conference where our partner @lauravcastillo will be participating talking about NFT: end of the euphoria or new uses in the development of intellectual property? 🤔
The appointment is at 6:15PM.⏰ under online modality, via streaming. 📲 To register you can access www.austral.edu.ar.
Written by the Innventiva Legal team. If you want to learn more about this and other intellectual property topics or receive legal assistance for your new projects, write to us at info@innventivalegal.com
If you’ve ever tried to register a trademark, you’ve come across the famous “classes” and probably wondered, what is this? How does it work? And most importantly… what class does my trademark belong to?
In order to categorize the vast array of trademarks that exist and ensure the rights of their owners, different types of classifications have been created. In other words, thanks to these classes, it is impossible for two people to use a very similar (or even identical) trademark within the same markets. It also allows for the peaceful coexistence of similar trademarks in different markets.
To make this organization international, the Nice Classification was created in 1957. Today, approximately 150 countries use this classification. Since its creation, it has been reviewed and updated to stay at the forefront regarding the products and services that can be offered in different markets. Currently, it consists of 45 classes, each with its own subdivisions. The first 34 classes protect products, and the remaining classes protect services.
When proceeding with the application for your trademark, you choose the class that is most convenient, whose description is as similar as possible to the products or services you offer. This allows the National Office of Intellectual Property to evaluate the similarities between your application and already registered trademarks, attempting to prevent your registration from infringing on the rights of a third party.
To determine which classes correspond to your trademark, you can consult the Nice Classification online. This way, you can assess under which category your trademark can be registered. However, it is extremely important to consult with a lawyer as registering your trademark under the wrong class or if you require more than one class, your trademark would be left without legal protection, allowing others to use your trademark without legal consequences.
That’s why at Innventiva, we provide personalized assistance and understand your needs to bring your ideas to reality, always seeking to safeguard your rights strategically. You can write to us at info@innventivalegal.com so that together we can ensure your trademark and other intangibles of your business.
Written by the Innventiva Legal team. If you want to learn more about this and other intellectual property topics or receive legal assistance for your new projects, write to us at info@innventivalegal.com
Last Friday we attended the accountability of @onapi_rd for the year 2021-2022🗓 where its general director Dr. Salvador Ramos presented a report on the achievements obtained during this period, regarding the activities carried out within ONAPI’s general work plan.👏🏼
Among the achievements we were able to highlight how we received more than 61,000 applications for trade names and more than 13,000 trademarks.🙌🏻 This represents an increase of 8% over the previous year.
At Innventiva we are grateful and proud to have an institution that watches over the industrial property of our country. 🙌🏻🇩🇴
Written by the Innventiva Legal team. If you want to learn more about this and other intellectual property topics or receive legal assistance for your new projects, write to us at info@innventivalegal.com
Everyone knows that the way to differentiate one business or brand from another is not only through the sign that bears the name. Words, numbers, logos, are the types of marks that we commonly know and that every business owner must register.
To further mark the difference, it is possible to notice how businesses have implemented marketing strategies for consumers to remember and recognize them through other senses, such as hearing and smell. That’s why trademark laws, in this case, those of the Dominican Republic, regulate this particular aspect.
So yes, it is possible to register as a trademark: shapes, sounds, and smells as long as they meet the distinctiveness requirement. That is, those shapes, sounds, or smells are not intrinsic to the product or service, nor are they commonly used in the relevant sector.
These are those that protect the shape of a product, its packaging, or wrappers. Examples of this are the pyramidal shape of Toblerone chocolate, the Coca-Cola glass bottle, the Bic lighter, among others.
To register this type of mark, it is necessary to present images of the 3 dimensions (height, length, and depth) of the product, and in some cases, a sample of the product may be required. The key to obtaining approval and registration of this type of mark is that it is not a shape commonly used in the industry it represents.
These marks consist of sounds or musical notes. This is the case of the Harley Davidson, the roar of the Metro-Goldwin-Mayer Lion Corporation (MGM), and if you are Dominican, you must recognize the laughter of the broadcaster Jochy Santos, whose laughter is registered as a trademark.
In these cases, it is necessary to deposit:
If a musical staff is deposited, the ONAPI will send a copy to the National Conservatory of Music for the purpose of verifying that the description corresponds to the sound.
These are composed of odors or fragrances. If every time you open a Play-Doh package you perceive the same smell and it brings back your childhood memories, it’s no coincidence. It’s THEIR registered trademark. Another example is the smell of freshly cut grass from Vennootschap Onder tennis balls.
Thanks to olfactory marks, these particular smells serve to distinguish products and services and remind us of a particular brand.
In this case, to meet the requirement that the mark must be susceptible to graphic representation, the owner must present the chemical formula of the aroma, accompanied by its description and a sample of the smell.
If traditional marks are assets of businesses in general, imagine what it can mean to have an unusual intangible asset that distinguishes your business. One that brings your brand name to the minds of your consumers just by seeing a certain shape, or perceiving smells or hearing specific sounds.
Undoubtedly, this type of distinctive feature takes brands to another level, and of course, intellectual property had to be present to ensure exclusivity.
If you have or would like to have a non-traditional [or traditional] mark in your business, you should know that each case is different and will require personalized assistance to determine availability, NICE classification, and other important details. You can write to us at info@innventivalegal.com so that together we can ensure your brand and other intangibles of your business.
Written by the Innventiva Legal team. If you want to learn more about this and other intellectual property topics or receive legal assistance for your new projects, write to us at info@innventivalegal.com
In recent days we successfully completed the second edition of the Intellectual Property diploma course in collaboration with @escuelamp and @adopi_rd🙌🏻 From innventiva our partner @lauravcastillo was participating as a teacher talking about inventions, in this diploma course focused on new technologies.
We hope to continue supporting and participating in efforts like these, which are of professional benefit to many👩🏻💼.
Written by the Innventiva Legal team. If you want to learn more about this and other intellectual property topics or receive legal assistance for your new projects, write to us at info@innventivalegal.com
By: Laura Castillo
Many opinions have been expressed regarding the announcement made by Quaker Oats that they would be changing their Aunt Jemima brand. The news is curious because the brand has a recognized history, over 130 years in the market, and nowadays very few people would not be able to associate the dark-skinned woman, with curly hair and an exuberant smile, with Aunt Jemima – the brand of maple syrup and pancake mix. This news was revealed following the multiple protests sparked by the brutal murder of George Floyd. In 2022, they have already begun to place products with the new presentation.
Although it might be interpreted as an act of social responsibility, many believe that changing the brand is not relevant to combating racism and discrimination. However, it is important to consider that the owners themselves have stated that both the logo and the brand name were created under a racial stereotype. In particular, Aunt Jemima has its origins in the so-called “mammy” of the 19th century, an old African American slave, a domestic servant with an apron and a scarf on her head, characterized by being submissive and dedicated to pleasing and serving whites. Since its creation, the “mammy” logo has been renewed on several occasions: the bandana has been removed, the nose refined, and a pearl earring added. This, in response to criticism of the outdated and negative representation of African American women.
In addition to the “mammy,” other stereotypes have been used to illustrate brands. There is the so-called Sambo, a happy but lazy and irresponsible black man; Tom, depicted as a happy man willing to serve whites; and Jezebel, symbolized as a sexually immoral female character.
While the announcement of Aunt Jemima may be small in the fight against racism, the important role that brands play should not be overlooked. Professor Llewellyn Gibbons pointed out that brands shape social identity. Both the brand and the advertising associated with it have the power to change perceptions and the way we interact with each other.
Hence, it is an internationally accepted criterion not to admit as trademarks signs that are contrary to morality, public order, or that ridicule people or ideas. Undoubtedly, brands created under stereotypes ridicule and offend the honor and dignity of individuals. In this case, the Aunt Jemima brand has found protection because it is not explicit discrimination, but rather a graceful stereotype. Other brands in similar situations include Uncle Ben, Mrs. Butterworth, and the Cream of Wheat chef.
These reasons for changing the image and name of brands have been previously considered and executed by holders such as Bimbo and Fritos with their brands i) Negrito and ii) Frito Bandito, respectively. Both were considered derogatory by consumers. The first was a brand of chocolate-covered breads and was depicted by an African American teenager. Because it was considered racist, the brand changed to Nito, and the character became white-skinned with afro hair. The second case, owned by Fritos, consisted of a character representing the stereotype of a Mexican swindler from Western movies, spoke English with a Mexican accent, was armed, and wore a gold tooth. The Mexican American Committee Against Defamation pressured Fritos to clean up the image of Mexicans being promoted with this brand. In response, they changed the hairstyle and attitude of the character. Later, the brand changed to Muncha Bunch, represented by a group of cowboys.
Having said that, and in light of the fact that intellectual property rights influence how we interact, perceive ourselves, behave, and are intrinsic to culture, it would be completely understandable and appropriate for Aunt Jemima and other brands with similar conditions to be moved to change their image to one that does not denigrate a segment of society.
Deseriee A. Kennedy, Marketing Goods, Marketing Images: The Impact of Advertising on Race, 32 ARIZ. ST. L.J. 615, 615-17 (2000).
Greene, K.J. “Intellectual Property at the Intersection of Race and Gender: Lady Sings the Blues.” American University Journal of Gender, Social Policy & the Law. 16, no. 3 (2008): 365-385.
Semiotics of the Scandalous and the Immoral: Trademark Law Post Lawrence v. Texas, 2 Marquette I.P. L.J. 187 (2005).
Written by the Innventiva Legal team. If you want to learn more about this and other intellectual property topics or receive legal assistance for your new projects, write to us at info@innventivalegal.com
Today we remember part of what was the IP day at @somoselapi, where our partner @lauravcastillo was as an organizer of the event👩🏻💼🙌🏻
The Latin American School of Intellectual Property – ELAPI joined the #WorldIPDay celebration by speaking with young creatives and innovators from Latin America, among them Fernely Lebrón (@fernelylebrong), industrial designer, co-creator of the invention patent of the amphibious vehicle for people with disabilities called WARA @wara_experience 🙌🏻
Contact us at info@innventivalegal.com and learn more about our services, so that together we can protect your brand📲
Written by the Innventiva Legal team. If you want to learn more about this and other intellectual property topics or receive legal assistance for your new projects, write to us at info@innventivalegal.com
In this #throwboackThursday we remember this activity organized by @ONAPI_rd, where our partner @arleencastillo participated👩🏻💼Celebrated in the framework of the Intellectual Property Day, the keynote lecture “IP and youth: innovating for a better future” was held by Dr. José Luis Solleiro, senior researcher at the Institute of Applied Sciences and Technology of the National Autonomous University of Mexico, and consultant to the Organization of Intellectual Property (WIPO). 📍
Together with several colleagues we were able to learn more about how intellectual property generates exchange value, increases bargaining power, attracts investment, fosters innovation and creativity.💡🙌🏻
An honor for us from Innventiva to have been part of this great event.🤩🙌🏻
Written by the Innventiva Legal team. If you want to learn more about this and other intellectual property topics or receive legal assistance for your new projects, write to us at info@innventivalegal.com
If you’ve already registered your trademark and/or your trade name, don’t think that’s enough; now you have to use them. It might seem obvious, because why would I register it if I’m not going to use it? But there are those who seek to have a distinctive sign “saved” and proceed with its registration without any intention of using it immediately, and there are also those who pause projects for indefinite periods of time. However, this is not the best option because, believe it or not, if you stop using your trademark for an uninterrupted period of three years, or in the case of trade names, five years, they can be canceled at the request of an interested party if there is no justified cause for the lack of use.
But, how do I “use” my trademark? According to Law 20-00 of Industrial Property of the Dominican Republic, a trademark is considered in use when its products and/or services are placed in commerce or are available in the national market. In other words, having an Instagram account is not enough; the products and/or services that the trademark distinguishes must be actively marketed in the Dominican Republic.
To confirm if a trademark and/or a trade name are being properly used, the National Office of Industrial Property offers a service called “use inspection.” As its name implies, this service investigates the use of a distinctive sign within the country, thus confirming whether it would be possible to proceed with cancellation due to non-use or abandonment.
In the case of trade names, at the time of renewal (that is, 10 years after registration), evidence of use must be provided. This can include photos of the products distributed under this trade name, invoices issued to and by this commercial entity, among others, which can truly demonstrate that this trade name has not been abandoned. This is not a requirement for trademarks.
Finally, it is important to mention that the cancellation due to non-use of a trademark must be requested by a third party. This request would not be successful until three years have elapsed since the date of registration of the trademark. Likewise, cancellation will not proceed if there are justified reasons for the lack of use.
If you have been notified of a cancellation due to non-use or if you need to file such an action, Innventiva is here for you. You can write to us at info@innventivalegal.com
Written by the Innventiva Legal team. If you want to learn more about this and other intellectual property topics or receive legal assistance for your new projects, write to us at info@innventivalegal.com
Our team of experts is ready to assist you in a wide range of legal areas, including intellectual property, corporate law, litigation, and much more.
Our team of experts is ready to assist you in a wide range of legal areas, including intellectual property, corporate law, litigation, and much more.
Our team of experts is ready to assist you in a wide range of legal areas, including intellectual property, corporate law, litigation, and much more.
Nuestro equipo de expertos está listo para ayudarte en una amplia gama de áreas legales, incluyendo propiedad intelectual, derecho corporativo, litigios, y mucho más.
Nuestro equipo de expertos está listo para ayudarte en una amplia gama de áreas legales, incluyendo propiedad intelectual, derecho corporativo, litigios, y mucho más.
Nuestro equipo de expertos está listo para ayudarte en una amplia gama de áreas legales, incluyendo propiedad intelectual, derecho corporativo, litigios, y mucho más.