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PROTECTING YOUR BRANDS WITH TRADEMARK WATCHING
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HOW VALUABLE ARE BRANDS? 2 According to the BrandZ™ Top 100 Most Valuable Global Brands 2010: Top 100 global brands = $2.04 Trillion in brand value. Consideration of brand in purchase decision has risen by 20% since 2005. Brands are even more valuable during economic downturns: Shares of the Top 100 have outperformed the S&P 500 by 30%. (Source: BRANDZ™ Top 100 Most Valuable Global Brands 2010)
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Defend your mark…or risk becoming generic like these brands: THE RISK OF BRAND VALUE EROSION 3 Aspirin Butterscotch Escalator Kerosene Phillips-head screw Thermos Yo-yo Zipper
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4 Protect brand rights Prevent unauthorized use Detect infringement Defend or uphold reputation Gain competitive intelligence Mitigate risk WHY WATCH YOUR BRANDS?
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EXAMPLE: WALGREENS VS. WEGMANS 5 Wegmans introduced new mark with elements similar to Walgreens. Walgreens did not oppose new mark during opposition period. Contacted Walgreens 2 years later. Actively watching your brands can prevent a situation like this.
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EXAMPLE: COMPETITIVE INGELLIGENCE Use watching to develop a strategy to counter an important market development. 6 November 2011: Verizon Wireless files a new trademark for “Hologram” Could this indicate a new 3D smartphone in the works? Wouldn’t Sprint and AT&T want to know what information?
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WATCHING HELPS BRAND OWNERS Respond quickly to potential threats –Discover potential infringements before opposition deadline. –Avoid losing trademark rights due to tardy/ no reaction. –Increased peace of mind, reduced risk. Enhances competitive stance –Deter others from filing similar trademarks in the future. –Keeps brand owners one step ahead of the competition. 7
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WATCHING HELPS ATTORNEYS & AGENTS Enhances your image: –Full service firm –Competitive edge over firms that do not offer watching Improves client retention: –Creates client contact opportunities –Deepens business relationships –Reinforces value Generates revenue –New opposition/litigation opportunities 8
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THE VALUE OF A WATCH PARTNER Frees you to focus on core business activities. –Spend your time on revenue-generating activities. Increases chance of identifying important findings. –Requires specialized expertise and tools. Enhances peace of mind. –Puts brand protection in trusted, expert hands. But how do you choose the right watch partner? 9
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Identify issues Make decisions with Advise clients with WHY WATCH WITH US? FIVE REASONS Data quality and accuracy Intelligent watch strategies Timely reporting Streamlined analysis Expert, personalized support 10 1 2 3 4 QUICKLY CERTAINTY CONFIDENCE 5
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DATA QUALITY AND ACCURACY REASON 11 1
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12 PTO ERRORS: A GLOBAL REALITY 12 3% 3% Overall error rate: USPTO Errors are common in documents filed with PTOs around the world. –Blank field errors –Misspelling –Incorrect descriptions of the mark –Erroneous registrations Results: Missed marks. Missed deadlines. Increased risk. 4% 4% Overall error rate: OHIM
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WATCHING FOR ERRORS Our Data Quality Team: Checks every new mark filed with PTOs around the world Corrects errors and fills in the blanks—often within days –Blank field errors –Misspellings –Marks incorrectly registered Checks for images, translations and other critical information Enters corrected records into our proprietary database 13 Benefits to you: Fast error correction improves watch quality and accuracy Reduces risk of missing a mark of interest to you
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PRECISION BY DESIGN With design marks, we take extra steps to ensure precision: In the EMEA region: Index all design marks using Vienna codes In the Americas: Created a special design indexing system Goes beyond the USPTO coding system 14 Benefits to you: Identify design marks that might otherwise be missed Receive targeted findings of the most relevant results Saves you time by providing a “short list” of findings
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UNGUARDED ERROR 15 It’s still incorrect in the French record! Entered as “GUARD” by French PTO We corrected it in our database: “ED GUARD”
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INTELLIGENT WATCH STRATEGIES REASON 16 2
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WHAT MAKES A SMART WATCH? Look at all elements of a mark to identify distinguishing features Effectively watch for complex combinations of elements Address specific criteria important to you Align with your overall brand protection strategy 17 1 2 3 4 Combining all of these helps ensure targeted results.
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18 INTELLIGENCE TIMES TWO Benefits to you: Best of both worlds: expert human insight combined with systematic automation Receive results most pertinent to your brand Save time and effort reviewing findings
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19 Our Watch Analysts have trademark research expertise plus business acumen. Name: Bart Van Hoof, Quality Specialist Education: Degree in Humanities (Latin/Mathematics), Masters in Romance Languages from the University of Antwerp Years of trademark watch experience: 14 Years as Quality Specialist: 8 Approach to Trademark Watching: “I always remain focused on the true essence of each trademark, to obtain an effective watch strategy.” WATCH ANALYST PROFILE: U.S.
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20 Our Watch Analysts have trademark research expertise plus business acumen. Name: John Hammond, Senior Watch Analyst Education: B.A. in English and History Years of trademark experience: 25 Years of watch experience: 5 Approach to Trademark Watching: “My goal is simple: To deliver the highest quality service and help clients get the best possible results. ” WATCH ANALYST PROFILE: EMEA
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WE OFFER UNIQUE SERVICES 21 Applicant/Owner Watch – Thomson CompuMark exclusive Easy, cost-effective way to stay on top of competitive activity around the globe Trademark filings from more than 200 jurisdictions worldwide Comprehensive coverage –Non-Latin/Chinese characters –Common law –Web monitoring Benefits to you: Peace of mind Save time and money Avoid having to do this searching on their own
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TIMELY REPORTING REASON 22 3
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TIMING IS EVERYTHING Opposition deadlines are short: <10 days Rapid response is the key to protecting your brand. 23
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PUTTING TIME ON YOUR SIDE We deliver findings quickly, consistently Alert you immediately, via email or fax Respond to unique market circumstances Example: Spanish PTO changed data formats, without notifying users –This could have delayed our reporting of findings What we did: –Put in place an immediate, temporary conversion –Updated our database quickly –Reported findings in a timely manner –No impact on customers—no opposition deadlines missed 24 Benefit to you: Maximum time to consider your options and take timely actions
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FAST, FREE TRANSLATIONS 25 Free, automatic translations of goods and services Easily understood Available for key global markets: –European countries (except Greece) –China –Japan –Brazil –Argentina Where automatic translations aren’t available, free translation service on request. Benefits to you: More informed strategic decisions about brand use around the globe. Avoid time and expense of performing your own translations.
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STREAMLINED ANALYSIS REASON 26 4
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27 YOUR DAILY CHALLENGE How can you get more done in less time?
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28 Benefits to you: Report important findings in less time, with less effort. Spend more valuable time advising clients. Add value to your service. SOLUTION: WATCH ON SERION ® Watch on SERION streamlines your entire trademark watching workflow:
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WATCH ON SERION ® ADVANCED Greater power and efficiency for managing significant watch portfolios: Mobile watch access—a Thomson CompuMark exclusive –Review and share watch findings—anytime, anywhere –Mobile activity automatically synchronized with online history Historical watch information –See if identified marks have been reported in the past –Saves time, provides additional insight into whether use of a mark is expanding Single-click access to related contextual information –Access trademark office records and web links, including industry-specific sites –Make informed decisions, without time-consuming information searching Faster custom reports –Create and send reports quicker, in “Record” or “Table” format –Export Goods text with highlighting and opinions—pinpoint important information quickly and easily 29
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30 THE CONVENIENCE OF MOBILE ACCESS 30 View Portfolio Review ResultsGet Details
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31 “Watch on SERION provides instant and constant availability of our Watch information.” “We get notified about the publication of trademarks earlier than other services and we can dispatch watch notices faster because we spend less time on each result.” “Before, if there was a Watch finding I thought was an issue, I would have to scan it or fax it. With Watch on SERION, I can simply email it to colleagues or clients. That cuts in half the time it takes me to share watch results with others.” USERS LOVE WATCH ON SERION ®
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EXPERT, PERSONALIZED SUPPORT REASON 32 5
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33 FREEING YOU TO DO YOUR BEST While you’re focused on your business… ….we’re working to support your brand protection strategy.
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TWO TEAMS WITH ONE MISSION 34 Our global Watch teams are experienced trademark experts: Understand what’s important Anticipate and respond quickly Take into account special needs and requests Average 10 years’ experience Customer support: phone, email, online chat Training: phone, online webinar, on-site SERION ® Certification (industry first) Dedicated Customer Service representative for clients with large Watch portfolios Americas Watch Team EMEA Watch Team Average 10 years’ experience Language support: telephone/email support in multiple languages: –Dutch –English –French Training on request –German –Italian –Spanish
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Watch on SERION can help you attract new clients and retain existing clients We help you educate clients about the value of trademark watching—and your firm Online customizable brochure Add your firm’s information and logo create a branded PDF in seconds 35 HELPING GROW YOUR BUSINESS
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36 Thomson CompuMark delivers: Data quality and accuracy Intelligent watch strategies Timely reporting Streamlined analysis Expert, personalized support 1 2 3 4 5 We help protect your valuable brands. FIVE REASONS, ONE PARTNER
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