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Protecting Your Brand: Steps to Take Against Unauthorized Use

Protecting Your Brand: Steps to Take Against Unauthorized Use | Bogdan Costache Law Office

In today’s digital age, a “brand” represents not just a product or service, but also the challenge of making it stand out amidst the digital noise. Social media has expanded branding’s reach, but it’s also a tool that can be used to harm your brand. Unauthorized use of your brand on social networks, often to make profits without your consent, is a common problem. Professionals like doctors, lawyers, or financial consultants may also wrongly encourage clients to hire them under the pretext of protecting your brand.

Here are steps you can take to protect your brand and reputation:

1. Register Your Brand: Trademarks provide legal protection. In Romania, trademarks are regulated by law and are vital for safeguarding your brand. Register your trademark nationally or internationally through the relevant authorities like OSIM (State Office for Inventions and Trademarks), EUIPO (European Union Intellectual Property Office), or WIPO (World Intellectual Property Organization).

2. Secure Your Logo: Your logo visually represents your brand’s identity and is crucial for recognition. Ensure it’s registered as a trademark with the appropriate authorities for protection.

3. Company Name: Register your company name with OSIM to prevent others from using the same name in the same field of activity. This step is particularly essential if your company name is similar to well-known trademarks.

4. Protect Your Web Domain: Register your internet domain name with OSIM to prevent others from registering it as a trademark in bad faith and potentially using it against you.

5. Send a Notification: If you come across someone damaging your brand, send them a formal notice explaining the violations, legal consequences, and damages incurred. Specify your demands and a reasonable time frame for compliance. Consider seeking legal advice before proceeding.

6. Arrange a Meeting: Try to resolve the issue amicably by arranging a meeting with the responsible party. Legal professionals can help clarify legal matters and draft settlement agreements.

7. Report to Professional Associations: If the offender is a professional bound by specific codes of conduct or ethics, file a complaint with their respective professional associations, such as the Union of Journalists, Bar Association, or College of Doctors.

8. Civil and Criminal Actions: If amicable resolution fails, consider legal action. You can pursue different legal routes, such as infringement actions, unfair competition actions, tort liability actions, or criminal proceedings, depending on the nature and severity of the damage.

Remember, protecting your brand is essential to maintain your business’s integrity and reputation. Taking legal action may be necessary to safeguard your brand from unauthorized use and damage. Seek legal counsel to determine the best course of action for your specific situation.

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