Guide to Registering and Protecting Your Personal Brand as an Influencer

In the past five years, over 2,000 influencers have registered their personal brands in the United States, reflecting a growing trend toward professionalization and protection of their digital identity. Personal brands have become the most important asset an influencer can have, as they not only protect their identity and work from other influencers but also secure a market position and obtain various legal and commercial advantages.

Today, personal brands are more attractive due to their ability to differentiate influencers in a saturated market, establish credibility, and create monetization opportunities through courses, online training, and product sales.

Step-by-Step: How to Check if Your Personal Brand Is Already Registered

Preliminary Research

‍Before starting the registration process, it's crucial to conduct thorough research to ensure your brand is not already registered by someone else. Here's how to perform the search in various databases:

• USPTO (United States): Visit the United States Patent and Trademark Office (USPTO) website and use the TESS (Trademark Electronic Search System) tool to search for your brand.
• SIC (Colombia): Use the platform of the Superintendence of Industry and Commerce of Colombia to verify the availability of your brand.
• IMPI (Mexico): Consult the Mexican Institute of Industrial Property to search for brand registrations.
• INPI (Argentina): Check the National Institute of Industrial Property of Argentina to search for your brand.
• INAPI (Chile): Use the National Institute of Industrial Property of Chile to search for brands.
• SENADI (Ecuador): Consult the database of the National Service of Intellectual Rights of Ecuador.
• Internet: You can also search on Google and social networks to see if someone else is using your brand name. Sometimes, brands may not be officially registered but are already in use.

‍Availability Evaluation

‍If you find that your brand is not registered or in use, you can proceed with the registration. If it is already in use, consider a variant of your brand or consult with an intellectual property attorney.

How to Register Your Personal Brand

1. Document Preparation: Gather all necessary documentation, which generally includes:
   • Brand name.
   • Logo (if applicable).
   • Description of the products or services associated with the brand.
   • Applicant’s contact information.
2. Application Submission
   • Registration in the United States (USPTO):
     • Step 1: Create an account in the TEAS (Trademark Electronic Application System).
     • Step 2: Complete the online application, providing all required information.
     • Step 3: Pay the application fee. Fees may vary depending on the type of application.
   • Registration in Latin America:
     • Colombia: Submit the application through the SIC online platform.
     • Mexico: Complete the online application on the IMPI portal.
     • Argentina: Submit the application through the INPI website.
     • Chile: Register online via the INAPI portal.
     • Ecuador: Complete the application on the SENADI platform.
3. Review and Publication: Once the application is submitted, the trademark office will review it. If everything is in order, your brand will be published in the official bulletin for third parties to oppose if they believe their brand is being infringed.
4. Final Registration: If there are no oppositions, your brand will be officially registered. You will receive a registration certificate confirming your ownership of the brand.

Benefits of Registering Your Brand

1. Legal Protection: Registering your brand provides you with exclusive rights to its use. This means you can take legal action against anyone attempting to use your brand without authorization.
2. Commercial Value: A registered brand can significantly increase the value of your business. Registered brands are intangible assets that can be valued and sold.
3. Credibility and Trust: Having a registered brand adds credibility to your business and generates trust among your followers and business partners.
4. International Expansion: A registered brand can facilitate the international expansion of your business, allowing you to protect your brand in other countries through international registrations.

What to Do If Your Brand Is Already Registered

1. Consult with an Attorney: If you discover that your brand is already registered, the first thing you should do is consult with an intellectual property attorney. They can advise you on your legal options.
2. Consider a Name Change: If your brand is registered, you might consider a variant of the name. Ensure that the new version remains consistent with your personal brand and is easy for your audience to remember.
3. Negotiate a License: In some cases, you might negotiate a license to use the already registered brand, although this may involve paying a fee to the brand owner.
4. File an Opposition: If you believe you have legitimate rights to the brand, you could file an opposition to the registration. This process can be complex, and it is recommended to have the assistance of an attorney.

Registering your personal brand as an influencer is a crucial step to protect your identity and ensure long-term success. By following these steps, you can verify the availability of your brand, formally register it, and benefit from the legal and commercial protection it offers. If you find that your brand is already registered, there are several legal options you can explore with the help of an intellectual property attorney.

At Prodezk, we offer personalized service at every stage of the process, ensuring a hassle-free experience in the U.S.