In the world of fashion, a discipline known as “Fashion Law” has become increasingly popular within the legal realm. This specialty encompasses various topics such as image contracts, advertising, social media, employment contracts, product marketing, and even environmental issues, to name a few.
As one observes clothing designs, footwear, jewelry, handbags, and all aspects of the fashion industry, the emphasis on establishing and building a brand becomes more evident. This effort, which requires significant talent and communication to give a brand its unique identity, is recognized as “Branding.”
You might wonder what relevance law has to branding when there are teams of advertisers, companies, and specialized mechanisms dedicated to this field. The truth is, Intellectual Property lawyers are integral to the brand-building process, and here’s how we play a role.
When a brand begins to take shape with the DNA of its idea or business—its vision—the race to establish its position begins. During this phase, brand creators must pay close attention. Before launching it into the market, we recommend conducting a trademark search with various Trademark Offices to determine the geographic scope of the brand’s reach. This helps to confidently ascertain whether the desired brand name is available for registration and if it possesses enough distinctive elements to be registered. Registering the brand, along with its products and/or services, should be included in the company’s marketing and commercialization plan to secure exclusive rights.
A product or service’s brand is an asset for the company and must be legally protected to enjoy registration rights against third parties. During the registration phase, we work with our clients to create their project, and it’s fascinating to protect their brand, witness its growth over the years, differentiate it from competitors, and even safeguard it from counterfeiters attempting to exploit its commercial success.
With a properly registered trademark, the owner has the right to prevent third parties from unauthorized acts such as manufacturing, printing, reproducing, applying, or using an identical or similar sign to identify the same products or services for which the trademark is registered, or related products.
A registered brand provides the owner with legally protected rights, solidifying the efforts invested in their project. Its value extends beyond monetary worth or investment; it represents finding one’s passion and materializing work, whose efforts are rewarded by consumers who identify with its story, quality, and products/services.
As we celebrate Women’s Month, I want to highlight the significant roles of Women Intellectual Property Lawyers. We are the women who handle major legal disputes concerning trademark infringement and other legal conflicts. We are professionals with excellent negotiation skills, providing comprehensive legal advice to inventors and brand creators. We possess strong analytical abilities, attention to detail, and stay updated in our field, leveraging technology and continuous training.
Many of us take pride in reaching positions such as Judges and Magistrates specialized in Intellectual Property. We are Women Intellectual Property Lawyers who participate in education, share our legal experiences, and encourage more colleagues to join this legal branch. Most importantly, we bring sensitivity to our profession.
Article written by:
Tania Chen Guillén
Associate
Panama
