New brands are constantly emerging, striving to establish themselves and expand into the global market, much like well-known luxury brands. To achieve such growth and secure a position as a luxury brand, it is crucial to prioritize the protection of meticulously crafted brands and designs through intellectual property (IP) rights from the outset. By examining the Ferragamo case, we can glean insights into the essential considerations for brands aspiring to achieve global recognition.
Comprehensive Brand Management: Beyond Brand Names
Brand management often brings to mind the management of company names or product names. However, protecting the distinctive designs that symbolize a brand's products is equally vital. Ferragamo, for instance, has made concerted efforts to safeguard not only its brand name "SALVATORE FERRAGAMO" but also its iconic and core designs through a combination of design rights and trademark rights in the countries where it operates.
Design Rights: Protecting Core Product Designs
Ferragamo strategically utilizes design rights to protect the outward appearance of its core products. This includes securing design rights using actual product photographs or line drawings that depict the product's shape.
[Example of Ferragamo Handbag Design Right Registration in Korea]
Partial Design Rights: Safeguarding Key Design Elements
In addition to protecting the overall product design, Ferragamo also secures partial design rights. This approach allows for the protection of specific design elements while enabling variations in other aspects of the product.
For example, if the "heel portion" of a shoe is a crucial design element representing Ferragamo, the company can secure a design right by highlighting the heel with solid lines while using dotted lines for other modifiable parts. This prevents competitors from creating similar products with identical heel designs but slightly altered other features.
[Example of Ferragamo's Partial Design Right for its Distinctive Heel Design]
Pattern Designs: Protection Beyond Product Configuration
Ferragamo extends its design protection to patterns used on products, packaging, and other materials by securing design rights for fabric or sheet-like patterns. This proactive approach safeguards potential future product patterns and prevents unauthorized use of these patterns on different product types. Furthermore, fabric design rights can protect patterns used for linings or inner materials, separate from the overall product design. Luxury brands like Ferragamo often secure "sheet-like design rights" to protect new design patterns used in packaging, paper bags, and other non-product elements.
[Example of Ferragamo's Sheet-like Design Right for a New Pattern Design]
Trademark Rights: Building a Perpetual Brand Presence
While design rights offer protection for a limited duration (generally 20 years from the filing date), trademark rights can be maintained indefinitely through renewals every ten years. Therefore, securing trademark rights for distinctive shapes that serve as brand identifiers is essential for establishing a lasting luxury brand presence.
Ferragamo strategically obtains trademark rights for logo shapes used on belts, glasses, bags, and buckles, as these elements signify the brand's identity. By incorporating these recognizable logos, new product designs instantly become associated with Ferragamo, reinforcing brand recognition.
[Examples of Ferragamo's Trademark Protection for Logos Used in Product Designs, such as Patterns and Buckles]
Three-Dimensional Trademark Rights: Protecting Decorative Elements
Ferragamo's IP strategy extends to three-dimensional shapes used a s decorative elements. By securing trademark rights for distinctive shapes like ribbons used on shoes or bags, the company prevents competitors from using similar designs that might mislead consumers.
[Example of Ferragamo's 3D Trademark Right for the "Ribbon Design Applied to Handbags]
Trademark Rights for Pattern Designs: Reinforcing Brand Identity
To further strengthen its brand identity, Ferragamo secures additional trademark rights for patterns used on bags or clothing. While the logo trademark itself offers some protection, obtaining separate trademark rights for pattern designs provides a more robust defense against unauthorized use.
[Examples of Trademark Registration for Pattern Designs Utilizing Logos]
Conclusion: Building a Strong Brand IP Portfolio
Luxury brands like Ferragamo have established comprehensive IP portfolios by strategically utilizing trademark rights and design rights to protect their brand value and product designs. Aspiring Korean fashion brands can learn from this approach and proactively develop their own brand IP strategies. By securing IP rights early on, brands can effectively address issues like product copying and ensure their long-term success in the global market. Remember, delaying IP protection until after achieving global recognition can leave brands vulnerable to imitation and IP disputes.
Disclaimer: This article provides general information and should not be considered legal advice. For specific legal guidance, please consult with a qualified IP attorney.
BLT Patent & Law Firm.
By Karl Chung, Patent Attorney / Managing Partner
Phone: 02-514-0104
Email: info@BLT.kr
Website: www.BLT.kr
New brands are constantly emerging, striving to establish themselves and expand into the global market, much like well-known luxury brands. To achieve such growth and secure a position as a luxury brand, it is crucial to prioritize the protection of meticulously crafted brands and designs through intellectual property (IP) rights from the outset. By examining the Ferragamo case, we can glean insights into the essential considerations for brands aspiring to achieve global recognition.
Comprehensive Brand Management: Beyond Brand Names
Brand management often brings to mind the management of company names or product names. However, protecting the distinctive designs that symbolize a brand's products is equally vital. Ferragamo, for instance, has made concerted efforts to safeguard not only its brand name "SALVATORE FERRAGAMO" but also its iconic and core designs through a combination of design rights and trademark rights in the countries where it operates.
Design Rights: Protecting Core Product Designs
Ferragamo strategically utilizes design rights to protect the outward appearance of its core products. This includes securing design rights using actual product photographs or line drawings that depict the product's shape.
[Example of Ferragamo Handbag Design Right Registration in Korea]
Partial Design Rights: Safeguarding Key Design Elements
In addition to protecting the overall product design, Ferragamo also secures partial design rights. This approach allows for the protection of specific design elements while enabling variations in other aspects of the product.
For example, if the "heel portion" of a shoe is a crucial design element representing Ferragamo, the company can secure a design right by highlighting the heel with solid lines while using dotted lines for other modifiable parts. This prevents competitors from creating similar products with identical heel designs but slightly altered other features.
[Example of Ferragamo's Partial Design Right for its Distinctive Heel Design]
Pattern Designs: Protection Beyond Product Configuration
Ferragamo extends its design protection to patterns used on products, packaging, and other materials by securing design rights for fabric or sheet-like patterns. This proactive approach safeguards potential future product patterns and prevents unauthorized use of these patterns on different product types. Furthermore, fabric design rights can protect patterns used for linings or inner materials, separate from the overall product design. Luxury brands like Ferragamo often secure "sheet-like design rights" to protect new design patterns used in packaging, paper bags, and other non-product elements.
[Example of Ferragamo's Sheet-like Design Right for a New Pattern Design]
Trademark Rights: Building a Perpetual Brand Presence
While design rights offer protection for a limited duration (generally 20 years from the filing date), trademark rights can be maintained indefinitely through renewals every ten years. Therefore, securing trademark rights for distinctive shapes that serve as brand identifiers is essential for establishing a lasting luxury brand presence.
Ferragamo strategically obtains trademark rights for logo shapes used on belts, glasses, bags, and buckles, as these elements signify the brand's identity. By incorporating these recognizable logos, new product designs instantly become associated with Ferragamo, reinforcing brand recognition.
[Examples of Ferragamo's Trademark Protection for Logos Used in Product Designs, such as Patterns and Buckles]
Three-Dimensional Trademark Rights: Protecting Decorative Elements
Ferragamo's IP strategy extends to three-dimensional shapes used a s decorative elements. By securing trademark rights for distinctive shapes like ribbons used on shoes or bags, the company prevents competitors from using similar designs that might mislead consumers.
[Example of Ferragamo's 3D Trademark Right for the "Ribbon Design Applied to Handbags]
Trademark Rights for Pattern Designs: Reinforcing Brand Identity
To further strengthen its brand identity, Ferragamo secures additional trademark rights for patterns used on bags or clothing. While the logo trademark itself offers some protection, obtaining separate trademark rights for pattern designs provides a more robust defense against unauthorized use.
[Examples of Trademark Registration for Pattern Designs Utilizing Logos]
Conclusion: Building a Strong Brand IP Portfolio
Luxury brands like Ferragamo have established comprehensive IP portfolios by strategically utilizing trademark rights and design rights to protect their brand value and product designs. Aspiring Korean fashion brands can learn from this approach and proactively develop their own brand IP strategies. By securing IP rights early on, brands can effectively address issues like product copying and ensure their long-term success in the global market. Remember, delaying IP protection until after achieving global recognition can leave brands vulnerable to imitation and IP disputes.
Disclaimer: This article provides general information and should not be considered legal advice. For specific legal guidance, please consult with a qualified IP attorney.
BLT Patent & Law Firm.
By Karl Chung, Patent Attorney / Managing Partner
Phone: 02-514-0104
Email: info@BLT.kr
Website: www.BLT.kr