Industrial property for the mascot: what is it?
Our studio offers you a briefing with Caroline Marzin, Industrial Property Attorney.
Interview with Julien, founder of Fresh Organic Motion studio
Hello Caroline! At Fresh Organic Motion, we design custom mascots for our customers. Your expertise in industrial property is invaluable in helping companies protect their mascots. Can you tell us about your job and why it's essential in this field?
Caroline
"Hello Julien, I'm an Industrial Property Attorney (known as CPI), a regulated profession whose core business is to define and implement strategies for protecting, defending and promoting a company's communication elements.
By way of a non-exhaustive example, this includes elements such as a mascot, a logo, a muse, a website, commercial concepts, as well as the associated contracts governing relations with communications agencies, trademark and copyright licensing operations, or influencer marketing.
In short, anything that creates a link between a company's products and services and its clientele can raise industrial property issues, and an IPC is well qualified to support you."
Julien
What are the risks if the mascot is not protected as a trademark or design?
Caroline
"If you don't protect your mascot, you run the risk of considerably weakening your defense in the event of copying. On the other hand, acquiring rights enables you to implement a solid protection strategy and guarantee exclusivity. Finally, it offers the opportunity to capitalize on and invest in a valuable corporate asset, whose value is as much a question of image as of finance.
Julien
The terms "trademark" and "design" are often used in industrial property.
What are the differences between these two concepts when it comes to mascots?
Caroline
"In simplified terms, for a mascot :
- A brand protects its visual or verbal identity so that it is recognized and associated with a company's products and services.
- A design protects the mascot's physical appearance, such as its shape and aesthetic details, as a creation.
These are two intellectual property tools with different application regimes and protection consequences.
Registering a trademark and/or a design must be decided according to the concrete projects linked to the mascot, and each strategy is different, so it's necessary to exchange ideas to make the right choices that make sense".
Julien
Our customers entrust us with the creation of their mascot: what are the essential things a company needs to know about industrial property?
Caroline
"A mascot is a creation that can be protected cumulatively by different rights, namely copyright, trademark law and design law.
What's more, the subject of contracts is unavoidable.
First and foremost, you need to make sure that the mascot you create does not infringe on existing creations. Precautions must be taken in this respect. Existing mascots or visuals should not be reproduced in an identical or similar way, and it is also the studio's responsibility to guide the customer on this point.
It is also possible to research prior art, which is the responsibility of the IPC.
Finally, the company must ensure, through the terms of its contracts and through various deposit procedures, that it owns the mascot created by the studio, so that it can invest in it with complete peace of mind."
Julien
Finally, all these steps can seem complex. How can you help our customers simplify the filing process and ensure optimum protection?
Caroline
"The best thing to do is to meet with a CPI to discuss the mascot project in advance, as each company has its own sales and development strategy around a mascot.
So, in order to get the best advice and the right gesture for meaningful protection, you should make an appointment with your CPI.
Julien
Thanks for all the information Caroline, see you soon!