Trademarks in cultural institutions – why register them?
In today’s world, cultural institutions, in addition to pursuing their core missions of education, art or promoting culture, are increasingly engaging in commercial activities. One of the key aspects of this development is merchandising, which allows further promotion of the brand. However, in order for the business to be legally secure and effective, it is worth paying attention to the issue of trademarks. What are the benefits of registering them and why should they be protected?
1. Verify designation for clashes with other entities’ designations
The first step that cultural institutions should take before using any sign (e.g., logo, event name, symbol) especially in commercial activities is to check whether it violates the rights of others. Often organizations that are active in the cultural market do not realize that their unique signs may interfere with already registered trademarks.
Why is it important?
• Avoiding legal conflicts – an unverified sign that is already registered by another entity can lead to claims of trademark infringement, which can result in the need to change the logo, pay damages, and even block the sale of products bearing that logo.•
• Ensuring the uniqueness of the brand – checking the availability of the designation allows the cultural institution to create a unique symbol that distinguishes it from other entities in the market, increasing its recognition.
It is worth using the Patent Office’s database to verify that the selected sign is not already a registered trademark. Such verification can save the institution from costly mistakes.
2. Trademark registration – guarantee of exclusivity
Registering a trademark gives a cultural institution the exclusive right to use a particular mark in connection with the goods or services it offers. This gives the institution full control over how its mark is used in the marketplace.
Benefits of trademark registration:
• Exclusive use of the mark – a registered trademark gives you the right to use it in a specific field of activity (e.g., in selling products, organizing events, publications, on the Internet). This means that no one else can legally use an identical or similar sign in a way that might mislead consumers.
• Protection against unfair competition – with a registered mark, an institution has full rights to take action against individuals or companies that try to use similar marks in a way that infringes its brand rights.
• Long-term protection – a registered trademark provides protection for a period of 10 years, with the possibility of renewal for additional years. This gives the institution long-term confidence in the security of its designation.
3. Trademarks and brand development
Cultural institutions organizing regular events (e.g. festivals, exhibitions, competitions, conferences) should especially consider registering trademarks. A registered mark allows for brand development and stability, which is extremely important for events held regularly.
Why is it worth registering a trademark for recurring events?
• Building recognition – cyclical events gain popularity over time and a registered trademark allows building a consistent brand identity. Regular use of the same mark strengthens the institution’s position in the market.
• Merchandising development – organizing regular events often involves the production of souvenirs or products related to the event (e.g., T-shirts, posters, books). Registering a trademark gives an institution the exclusive right to sell such products, which allows merchandising offerings to develop legally and safely.
• Secure cooperation with partners and sponsors – a registered trademark gives an institution the confidence that it will have full control over the use of its brand when working with partners (e.g., sponsors).
4. How to register a trademark?
Trademark registration in Poland is done through the Patent Office of the Republic of Poland (UPRP), or you can consider registering through an EU office that guarantees protection in all countries of the European Union (EUIPO). This process requires the submission of an appropriate application, which must include:
• Type of trademark – we should decide whether we are registering a word mark, a word-graphic mark or a graphic mark, bearing in mind that the sign must be unique and meet certain criteria (e.g., it must not be descriptive, confusing).•
• List of goods or services – indicate what products or services the mark will be used for, preferably prepare this in accordance with the Nice Classification, which can speed up registration of the mark.•
• Registration fee – the cost of registration depends on the number of classes of goods and services to be covered.•
Registering a trademark seems straightforward, but it’s worth using an intellectual property lawyer to make sure the process is in compliance with regulations and is as efficient as possible and provides the kind of protection you’re interested in.
Registering a trademark is a key step that allows cultural institutions to protect their signs and develop their brand in a safe and professional manner. By registering the mark, the institution gains the exclusive right to use the designation, which gives it an advantage in the market and protects it from unfair competition. This is especially important in the context of merchandising activities or organizing cyclical events, where a strong, recognizable brand is the key to success.