ELZABURU

Fashion Law. The protection of brands in the fashion sector (I)

The ELZABURU firm has had the pleasure of collaborating with the Thomson-Reuters Aranzadi publishing house on the work Fashion Law, a pioneering treatise in Spain on fashion law, which was presented on April 16.

This is a necessary work where a large team of legal professionals has analyzed the different legal relationships that are created in the world of fashion design and its marketing.

A wide representation of ELZABURU has been able to contribute their vision on issues related to intangibles, technology or privacy, among others. Starting today we will be including in our blog – on a weekly basis – small summaries of the contributions of these authors, which will allow us to discover what we are talking about when we say “fashion law”:

The protection of brands in the fashion sector

The first chapter of the work deals with the protection of brands in the fashion sector. In a simple, clear and eminently practical style, the main aspects that must be taken into account when defining the most appropriate protection strategy in this field are explained. Throughout the exhibition the reader is guided on what to protect, for what and where. The theoretical aspects are completed with a large number of real cases, which show the different types of trademarks available for registration, the types of products and services most related to fashion and the different national, supranational or international protection systems.

The strategy involves, first of all, the choice of trademark to register. To this end, this chapter explains the characteristics of the different types of brands, focusing on those that are of special interest in the fashion sector.

The choice of the brand must be accompanied by a correct and complete wording of the products and services to be covered by the brand. This will avoid having to face formal objections during the processing of trademark registration at the Trademark Offices and will allow, once the trademark is registered, an effective defense against competitors.

Another aspect that is mentioned is the territorial extension of the brand registered, as well as the best strategy when facing a process of internationalization of the same.

The main obstacles that a trademark may encounter during the registration procedure are also described. To this end, numerous practical and real cases are presented that refer to brands in the fashion field and measures are suggested to reduce the risks in a trademark registration process or to overcome potential obstacles that may arise.

The chapter also delves into an aspect of great importance in practice, which is that of brand surveillance and defense against new competitor brands. Only proper surveillance makes it possible to detect cases that could be more problematic for the registered trademark and that could damage its exclusive right and reputation. The chapter suggests some measures for a more effective defense.

Nor could we miss a mention of the brand usage strategy in the field of fashion. This sector offers, along with the most common forms of use of the brand, other more novel and innovative forms, which constitute equally valid uses of the brand from a legal perspective. The chapter analyzes each of these possible uses and, to illustrate these explanations, presents several real cases of brands in the fashion field. In its final section, it contains a mention of the brand modernization processes and points out the risks of loss of protection that these processes can cause, as well as the best strategy to maintain full protection of the brand during its adaptation process. to new market uses.

In short, the chapter focuses on the aspects of greatest interest to entrepreneurs in this sector who seek to obtain or strengthen the protection of their brands and who need to anticipate the possible conflictive scenarios that they must keep in mind when defining their brand project and its protection. at the national, European and international level.

Authors: Fernando Ilardia y Cristina Velasco

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La Fashion Law series It is made up of the following deliveries:

1. The protection of brands in the fashion sector (23.04.2018/XNUMX/XNUMX)

2. The protection of designs in the fashion sector (30.04.2018)

3. Patent protection in the fashion sector (07.05.2018)

4. Protection of fashion through copyright (21.05.2018)

5.Image rights in the world of fashion (28.05.2018)

6.Data Fashion: privacy and data protection issues (04.06.2018)

7.Fashion Law. Counterfeiting and piracy in fashion (11.06.2018)

8.Fashion Law. Exhaustion of rights in the fashion sector (18.06.2018)

9.Corporate reputation in the fashion sector (25.06.2018)