A primary goal for any company seeking to sell products or services in the. United States is to protect one of its most
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IP Checklist
for Retailers Entering the USA
A primary goal for any company seeking to sell products or services in the United States is to protect one of its most valuable assets – intellectual property – from infringement, copying and misuse. Intellectual property clearance and protection strategies are critical to reduce a company’s risk of doing business in the United States. The following is a checklist of action items that a retailer should consider before rolling out a retail concept into the United States.
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Clearance Research. Clearance research is a critical first step for
any retailer to undertake prior to investing in a USA retail concept. This research is aimed at identifying and understanding potential conflicts between the desired retail concept and existing USA brands. This research also allows the retailer to assess the strength of is trademarks and other IP in the USA and to make any necessary or appropriate modifications prior to further investment.
IP Protection. A retailer should consider whether to seek formal USA protection of its brand and other IP assets through registered trademarks, trade dress, copyrights, design patents and domain names.
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IP Management. A retailer should establish procedures for ongoing protection of IP, including detection of and response to infringing activities, possible filings in other jurisdictions, and modifications based upon business needs.
