What can happen if you do not register the mark early enough?
Unlike inventions or industrial designs, the Regulation does not require trademarks to be new. Therefore, you can use the trademark on the market and only after some time decide to try to register it. But is it a good idea to delay submitting your name, logo, or nickname?
In my opinion, the answer is no. The problem of entrepreneurs delaying too long in filing a trademark application has appeared several times in my professional work. Additionally, I recently came across a great example of why you shouldn't put off filing a trademark application while watching the She-Hulk series.
She-Hulk's trademark adventure
As a result of various events, the main character becomes the next Hulk, i.e. one of the fictional superheroes from the Marvel universe. Her name is She-Hulk. Her rival, however, is not wasting time and decides to register the She-Hulk nickname as her trademark, and then releases a series of cosmetics under this trademark. At first, She-Hulk's friends think that these are cosmetics made by the heroine herself. When the truth comes to light, they do not believe that it led to this situation.
What does it mean for you? If you do not register your trademark early enough, someone else may file an application. It may be a coincidence that someone comes up with a similar name at a similar time, but it is usually the action of unfair competition or imitators - people who most often want to profit from the brand recognition you have developed.
First come, first served
In terms of trademark applications, as a rule, first come, first served. A similar statement is even made in the series.
Why is it worth being the first to file a trademark application? If you have a trademark registration (or even if you are still waiting for it), you can not only invest more safely in your brand and protect it against imitation. You can also oppose applications for other identical or highly similar trademarks (filed for similar goods or services).
It comes as a shock to our heroine that her nickname was used, and monopolized and that she was sued for trademark infringement. Of course, in many such situations, there are ways to defend yourself effectively, but usually, such proceedings are more costly and time-consuming and therefore it is much easier to secure the mark in advance.
She-Hulk finally manages to win in court, so if a similar situation happens to you, do not give up: contact a specialist and fight for your brand. In the future, remember to protect yourself against new products being introduced to the market.
Nickname as a trademark
Another interesting thread that appeared in the series is the marketing power of the nickname of a famous person (in this case a superhero) and its use in the form of a trademark. Famous people such as athletes and artists have long protected their nicknames (e.g. "SARSA", sign no. R.308717), the surnames under which they appear (e.g. MARYLA RODOWICZ EUTM no. 018413586) or even other signs that are associated with them, such as the initials in the case of athletes (e.g. RL9 trademarks related to Robert Lewandowski). Some people, like Taylor Swift, register not only their name and surname as trademarks, but also their signature (EUTM No. 1421359).
That shouldn't come as a surprise. An artistic nickname is often associated with recognition and with a specific quality recommendation for recipients, which is why it is related to its marketing value.
So, if you use a pseudonym or have a catchy name, don't delay registering a trademark. Before you face a story similar to what happened to She-Hulk.