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General

How to register the trademark in Nigeria?

By Timothy Hernandez

Trademarks, Patents, and Designs are protected in Nigeria by the Trademarks Registry, Commercial Law Department, Federal Ministry of Industry, Trade, and Investment. The Trade Marks Act (enacted in 1965) and the Trade Marks Regulations are the laws that regulate trademark registration (enacted in 1967).

PREAMBLE

  • Nigeria follows the International Classification of Goods and Services since it is a signatory to the Nice Agreement.
  • In Nigeria, foreign priority cannot be claimed for trademark applications.
  • It is not necessary to have used a mark before submitting.
  • Currently, trademark applications can be filed using either the MANUAL or ONLINE filing procedures.
  • Only accredited trademark attorneys/agents/individuals/companies can assist trademark applicants with trademark registration.
  • A trademark can be registered in either black and white or color. A trademark registered in color, on the other hand, is only protected in color (s) registered, whereas trademarks filed in black and white are protected in all colors of presentation.
  • In Nigeria, multiclass filing is not recognized, and each classification of goods and services for which the trademark is to be registered requires a new application. • Documents do not require notarization or consular legalization.

PROCEDURE

The steps involved in trademark registration can be stated as follows:

  1. Availability/Clearance Stage: The local Attorney/Agent is given instructions to do a clearance search to see if the proposed mark is available for registration. (This is an optional stage.)
  2. Application Filing Stage: The local Attorney/Agent is given instructions to file a trademark application and get it registered at the local Trade Marks, Patents, and Designs Registry. A Power of Attorney form is executed and completed in favor of the Attorney to authorize the Agent to act on behalf of the Trademark Applicant. This enables the Attorney to apply (s), deal with any issues relating to the trademark(s), and receive official papers on behalf of the Trademark Applicant at the Trademarks Registry.
  • If the application is filed electronically, an official Letter of Acknowledgment with the official application number and filing date is created instantly from the TM Registry’s site; however, if the application is filed manually, the TM Registry may take days or weeks to provide the same.
  • The Trademarks Registry conducts a preliminary search to determine the proposed mark’s uniqueness from previously filed and registered marks. The Registrar provides an acceptance notification if the mark is judged to be acceptable for registration. At this point, the mark has some protection against subsequent applications for identical or similar marks.
  1. Publication Stage: A trademark application’s publication/advertisement in the Trademarks Journal is a ‘condition antecedent’ to trademark registration. The delay in publishing applications in trademark journals, without which the application cannot progress to the final stage, is usually what extends the registration duration to years. The PTO’s infrastructure issues and funding constraints had resulted in the publication of Trademark Journals becoming uncommon. However, since November 2017, there have been repeated releases of the Journal, clearing the backlog of submissions awaiting publication unprecedentedly. When a trademark application is published in the Trademarks Journal, there is a statutory time of two months from the publication date in which oppositions to the trademark registration can be lodged.
  2. Certification Stage: The local Attorney applies for the Certificate of Registration once an application passes the ‘publishing hurdle’ without any objection received within the statutory deadline for oppositions. The opposition is adjudicated in favor of the Applicant or is withdrawn. The Registrar provides the Applicant a Certificate of Registration with the Registered Trademark No. and the filing date once the trademark is registered. A trademark is considered registered when applying for registration (filing date). The Certificate of Registration will state that the registration is valid for seven (7) years and renewable indefinitely for fourteen (14) year periods.

TRADEMARKS MAINTENANCE

Much more than registering a trademark is required for trademark protection. It is a multi-step procedure, and the Trademark Owner must implement a comprehensive IP protection plan. The following measures are included in the aforementioned IP protection strategy:

  1. TIMELY RENEWAL OF REGISTRATION AND USE OF TRADEMARK

Trademark owners should ensure their portfolios are renewed on time by their local trademark agent to avoid their marks being subject to poaching because they have ceased to exist lawfully on the register. If the mark is locally registered but not renewed and not up to date in the Trademarks Register, cancellation procedures to remove the mark and make room for the new Applicant may be commenced.

A registered trademark may be taken off the register regarding any of the goods for which it is registered on an application made by any person concerned if a continuous period of five years or longer has elapsed since the trademark became registered. There has been no bona fide use of the registered mark for one month before the date of the application.

While usage is not a prerequisite for registration or renewal, it may become a critical component in protecting a registered trademark in a non-use cancellation process.

  1. ENFORCEMENT OF RIGHTS

Administrative remedies and Litigation

The PTO Opposition and Administrative Hearing Panel is the first forum for resolving trademark issues. In Nigeria, the majority of trademark disputes are decided at this level.

For the following reasons, PTO proceedings are a more appealing remedy for trademark owners:

  1. Disputes handled through PTO administrative hearings are less expensive than court action in terms of legal fees and costs, and they usually take 6 to 2 years to resolve. If a trademark issue goes to court, the procedure might take three to ten years to complete if it goes to the appeals stage. On the other hand, Court litigation is a far more expensive choice. Because the PTO is more familiar with relevant PTO processes than the courts, its judgments are more reasoned and consistent with the applicable legal and regulatory environment for intellectual property. As a result, the material presented during PTO proceedings and accepted acts as guidance in later court battles.
  2. Importantly, affidavit evidence provided to the PTO through statutory declarations, upon which the PTO bases its ruling, is admissible as evidence in subsequent court litigation on the same subject. The evidence adduced by statutory declaration is based on factual expositions at the PTO level without putting the deponent on the witness stand.

The Federal High Court, on the other hand, is the principal dispute forum for trademark owners who want to file infringement and passing-off lawsuits. Because most trademark challenges are settled at the PTO level, there is a scarcity of IP litigation case law precedents in Nigeria. However, because Nigerian IP rules are founded on British laws, significant legal human resources are available locally to litigate IP matters, and British case law precedents are readily acceptable.

Appeals can be taken to the Court of Appeal and then to the Supreme Court.

  1. DUE DILIGENCE

Trademarks Portfolio Maintenance

IP attorneys must maintain effective and efficient docket records to satisfy their clients’ needs to preserve and retain their intellectual property rights. The local PTO’s data preservation and filing methods are not ideal. As a result, files may be difficult to identify or access to handle requests for searches, modifications, assignments, and renewals, among other things. As a result, the IP agent cannot rely solely on the PTO and must maintain a “parallel registry” if he is called upon to help the PTO with docket-record copies of documents.

When a file cannot be found, the Agent must apply for the creation of a temporary file (until the original file can be found), which will require the Agent to provide the Registry with copies of the Agent’s docket-record copies of documents, such as filing receipts, acceptance letters, certificates of registration and renewal, and so on. As a result, IP practitioners who manage big portfolios of trademarks have a strong motive to invest in docket management software.

Trademark owners also play an important role in assisting and equipping their attorneys in this area of trademark management. This is especially true in opposition and cancellation processes, when proof of trademark “use” in the region may be required. As proof, records of prior sales, shipments, or imports of branded items into the region, ads and marketing materials (including virtual ones tailored expressly for the African market), and amounts spent on such promotions would be required. It is simpler for the IP lawyer to assemble his arguments and back them with documentary proof when they have been meticulously kept in trademark holders’ archives.

Trademarks Watch Service

Many trademark owners now maintain ‘watch service’ over their trademarks to ensure that trademark conflicts are settled at the PTO level, thus ‘nipping the problem in the bud’ at an early stage and avoiding high legal fees associated with Litigation. This is preventative action. The Trademark Watch service notifies the trademark owner if a third party attempts to register a mark that is similar or identical to his. Such conflicting trademarks are recognized in the current Trademarks Journal, allowing the trademark owner to file an objection before the ‘window of opportunity (i.e., the two-month statutory deadline for filing an opposition) expires, and the conflicting trademark is registered. Administrative remedies through the PTO are exhausted once a conflicting trademark is allowed to proceed to registration without opposition, and recourse to the courts is required; additionally, the legal right to bring a court action against an offender for infringement is only available to the owner of a registered trademark.

Discoveries and assessments of legal merits

Before entering into a dispute, the IP client should obtain local legal advice on the merits and prospects of their case and examine the relevant facts to support superior title claims. Court action may be a costly choice, unworthy of prosecution if the case prognosis yields less than a fifty-fifty likelihood of success on first evaluation due to the long nature of the procedure in Nigeria.

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General

The NFT Hermés Case: Mainly Relevant for Large Collection of NFTs

By Timothy Hernandez

Since 2021, NFTs have been evolving rapidly as they digitally represent the artists’ works in the metaverse. NFTs are the digital units or metadata of anything, such as images, videos, clothes, shoes, etc., stored using blockchain technology.

NFTs are non-fungible and cannot be interchanged as they should be unique. In the physical world, we could have seen some IP-related or infringement issues over the past years. However, the same issues can also happen when tokenizing the assets in the metaverse. Let us look at the overview of the NFT Hermés case on the MetaBirkins NFTs.

Hermés and the MetaBirkins: An Overview

We all know about one of the most famous luxury brands in the USA, the Hermés. It is a well-known brand for footwear, bags, and accessories. In December 2021, Mason Rothschild, a Los Angeles artist, created NFTs, the MetaBirkins based on the luxury bags of Hermés. The NFTs represent the imagination of how Hermés bags appear if they are made of fur. The Metabirkins are among the highest-selling NFTs on the most extensive NFT marketplace, the OpenSea, and the royalty generated from the NFTs is relatively huge. Soon after the launch, Hermés filed an infringement suit against Rothschild for violating their brand’s trademark protection.

The brand issued a cease-and-desist order and demanded the court to impose an injunction to stop the MetBirkins sales permanently. In compliance with this, the OpenSea platform stopped selling MetaBirkins, but they continue being sold from other market platforms.

The Views of the Parties

According to Hermés, Rothschild has diluted their trademarks over the signature Birkin bags and suspects that in the future, the MetaBirkins NFTs may affect the growth of NFTs owned by Hermés itself. So the brand demanded the profits and royalties earned from the MetaBerkins to be handed over to them. The brand clearly doesn’t authorize any creation or modification of its products by anyone, as trademark rights legally protect them.

However, Rothschild believes his MetaBerkins won’t create customer confusion since his NFTs represent furry bags different from the brands. He also mentioned that his NFTs are not affiliated with the brand. He also added that, apart from his NFTs, there was another inspiration from Birkin named the Baby Birkin, for which there was no dispute between them.

ConclusionNo matter how the world is digitalized, the IP infringement regulations apply to the metaverse too. For any artist who tries to create an NFT in the metaverse, it is always better to carefully check whether their work will cause any infringement issues. Before tokenizing their NFTs, it is recommended to seek an attorney or legal person to check whether their NFTs are unique and cause no disputes with existing brands. Since NFTs will be more prevalent in the future, creators should be more careful while creating NFTs for commercial use.

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General

Trademark Registration in China

By Timothy Hernandez

Trademark registration in China protects your company’s name, symbol, or logo against copying by other businesses. A trademark creates an exclusive right to use the marks owned by the registered proprietor. The protection afforded to trademarks is important because it allows businesses to distinguish their goods and services from competitors.

If you plan to start or expand a business in China, you should know trademark registration requirements. This tremendous population growth has increased the demand for goods and services and created opportunities for businesses of all types. The country has also recently enacted some strict intellectual property laws, which could hinder your business if you are not prepared.

What are the guidelines to take care of before applying for trademark registration?

When registering a trademark in China, you must comply with specific regulations. These regulations vary depending on the type of business you are setting up, but here are five key points to keep in mind:

  • Do your research: Make sure to understand all the requirements associated with trademark registration before moving forward.
  • File for a Trademark: There are two main ways to obtain a trademark in China: through litigation or by filing an application at the Office for Prioritizing Industrials Patent Affairs (OPI).
  • Protect Your mark: Registered trademarks must be protected from infringement by others. You can file a lawsuit or use IP enforcement tools such as cease and desist letters.
  • Keep your mark alive: Many trademark protections lapse after 10 years, so updating your registration annually or more often if necessary is important.
  • Be cautious about Geographic indications: When registering a geographic indication (GI), comply with specific rules and regulations the Chinese government sets. Failure to do so may result in the rejection of your application.

What documents are required?

A trademark application in China must include the following to obtain the date of filing:

  1. A representation of the trademark;
  2. A list of the goods and services;
  3. The claimant’s information;

A business certificate or passport of an entity, the claimant’s identification document, and a Chinese translation of the document.

Within six months after obtaining the application materials for trademark registration, a trademark application is subject to formal assessment and substantive inspection on absolute and relative grounds. The trademark application is preliminarily approved and published if it complies with the pertinent provisions of the Chinese Trademark Law. Any interested person may submit an opposition against a Chinese trademark application within three months of the publication date.

Conclusion

Trademark registration in China proves an effective means of protecting a business’s intellectual property rights in China. By registering a trademark in China, you will establish legal proof that your intellectual property rights are valid and protect your brand name from any unauthorized use.

We hope this article enlightens you about the need and specifications for trademark registration in China. We, the Brealant, the fastest growing law firm available, provide you with assistance and guidance in acquiring rights on business. For further information, visit our website and discuss all your intellectual property-related questions with our experts.

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General

Guide to Apply for Trademark Registration Online in the Philippines

By Timothy Hernandez

A trademark is any recognized word, phrase, image, logo, or symbol that distinguishes one product from all others of its kind and does so legally. A trademark acknowledges the company’s brand ownership and serves only to identify a product as its own. Trademarks are considered to be intellectual property regardless of whether they are registered.

Trademarks play a vital role in protecting the goodwill and reputation of a company. They are also integral parts of branding and marketing strategies. It is the best way to create an image of the brand in the conscience of the consumers. In addition, they help companies distinguish themselves from their competitors and promote consumer loyalty.

To know more about a trademark and its process, read the article till the end to find out how to register a trademark in the Philippines.

Why is a trademark required?

Registering a trademark helps prevent others from using your products or services without your permission. Additionally, a business cannot use a mark or brand name identical to one already registered, particularly if the goods or services are similar in appearance, pronunciation, or meaning.

Trademarks serve an essential function in distinguishing products in the economic and legal systems and in shaping the brand’s perception among consumers. They are used to identify and protect design elements and language that identify the creator or owner of a good or service. They could be brand names, company slogans, product names, or corporate logos. Because they both identify and distinguish the source of a service rather than a product, trademarks and service markings are commonly referred to as “trademarks.”

A trademark is a feature that has nothing to do with the attributes of your products or services. It enables your business to distinguish its products and services from those identical to or comparable to your competitors.

Therefore, it should be given top priority by every modern business.

The brand name of your items is protected by intellectual property law through trademarks. It is the name of your business. It is the tagline you employ for your business. It is the logo’s design that you utilize. This is covered by the trademark law subcategory of intellectual property law.

Are you looking for a way to apply for trademark registration online? Then, it is your right place. This page provides a step-by-step guide to getting started with the application process for the Philippines trademark.

The Philippines has been consistently ranked as one of the easiest countries in Asia to obtain trademarks through the WIPO (World Intellectual Property Organization). The country ranks third in terms of overall trademark registrations per capita.

What is the process for filing a trademark?

The IPOPHL will do additional research after applying to see if any other marks are similar. A trademark examiner will next review the application and make any objections or comments in Registrability Reports, to which a response is required within two months.

The next phases of most applications are Publication for Opposition and Declaration of Actual Use. Our office will handle all communications with the IPOPHL, and we’ll get in touch with you when required. On average, the entire process takes six to twelve months.

Here is your guide for trademark registration:

  1. File for trademark application: Submit your application for a trademark to the IPOPHL. A list of needs must also be sent. The authorized officer will review the submitted application for authenticity after paying the required amount for the application. After that, you’ll get your application number.
  2. Research and evaluation: IPOPHL will do the checking for trademarks in the list of registered trademarks in the Philippines’ official documents to determine if the registered trademark is identical to those already in use or applications similar to those already filed. The typical wait is at least six months, so this will take some time. This procedure includes reviewing your trademark to see if it complies with the laws and standards. In addition to not being overly generic, deceitful, immoral, or scandalous, it should not be comparable to any existing trademarks.
  3. Publication of the trademark in the IPO Gazette: The trademark will be published in the official Philippines Gazette if authorized. The publication will raise awareness of the trademark and permits anyone to object to the registration.

Any person or corporation may object if it infringes on a trademark they already own or if they believe it will seriously harm their reputation or operations.

What happens after successful registration of the trademark application?

After Step 3 above, the public has up to 30 days to take action. If no opposition is filed and approved by the Legal Affairs officers, the IPO will issue the Certificate of Registration.

After the first and second publication of Issuance and Opposition, the applicant should file for Declaration of Usage within three years of receiving the issuance certificate.

After the second Publication for Opposition & Issuance of the Certificate, a Declaration of Actual Use (DAU) must be filed within three years of the certificate’s issuance, which takes place within 3 years of the certificate’s issuance.

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Intellectual Property

INTELLECTUAL PROPERTY FOR CONTENT CREATORS

By Timothy Hernandez

Intellectual property (IP) is important in all professions that need creativity, particularly those that are emerging in the digital environment. The influencer marketing sector is predicted to be worth $15 billion by the end of 2022, thanks to the rapid rise in the popularity of content creators and promoters on the internet. At the moment, it amounts to around 15% of all advertising revenue spent globally.

Understanding the Essentials of Intellectual Property Rights (IPRs)

Any person who contributes information to any type of media in a specific context is referred to as a content creator. The act of creating content or information can take place on any digital platform, such as a personal blog or a social media site such as Twitter, Facebook, Instagram, or YouTube. To protect such creativity from unlawful use, it is necessary to seek protection under IP law. The unique authority to duplicate and distribute the work, as well as supervise and regulate how it is used by others, is granted by the IP vested in a subject matter.

We can demarcate IP as follows to broadly categorize rights and comprehend each category:

  • Copyright is a sort of intellectual property that protects original creative works including images, videos, writings, and cinematographic films, among other things. Copyright is particularly important in the context of content creators since they must acquire permission before using other people’s creative efforts. In some cases, everything available on the internet may not be covered by copyright and may require the acquisition of a license.
  • Trademarks are used to distinguish one’s goods and services from those of others by identifying, classifying, and indicating their origins. Before exhibiting a trademark on their social media accounts, creators must get the owner’s permission.
  • The online identity of an entity or a business is referred to as a domain name. Trademarks can even be registered for domain names. Once a trademark is registered, the owner gets all of the legal rights that come with any other trademark. As a result, it is critical to never infringe on the domain name of another company or person to disseminate or promote one’s label.

It is critical to be aware of the rights that may be vested through the said category of rights to avoid becoming embroiled in legal battles while employing IP assets that have been reserved by others. Apart from the aforementioned reasons, it is also vital for content creators to arm themselves with IP in addition to just keeping an eye out for works created by IP holders. Let’s look at the Intellectual Property Rights (IPRs) for content providers in this setting.

Why Understand & Invest in IP At All?

As previously stated, IP allows for the restriction and control of any unlawful use. In addition, IP aids in the following areas:

  1. IP aids in the differentiation of one’s business from those of competitors through legal safety nets and protections.
  2. It guards against direct and indirect copying of a company’s branding and marketing strategies.
  3. Through IP, a company’s legal transactions, such as partnerships and loans, can be kept confidential.
  4. It allows a company’s identity and assets to be protected from being misappropriated by others who manufacture counterfeits or pirated versions of the originals.

Checklist for Content Creators

  • Awareness of social media: When a content producer creates an account on a social media platform, he or she must agree to specific contractual duties outlined in the portal’s terms and conditions. When a content creator joins Facebook, Instagram, or Twitter, for example, the social media platform is granted permission to handle the creator’s data. As a result, it is vital to read the contract and disclaimers, which are frequently overlooked.
  • Public Disclaimer of Your Rights: While using a particular social media platform, the content creator must inform the public that the work, while published and made available to the public, is the creator’s intellectual property. As a result, it is recommended that the symbol be placed in a prominent location where the publication is done, together with the name and date of creation.
  • Using Watermarks & Adjusting Resolutions: When sharing photographs, using digital watermarks with the creator’s handle as a trademark or trade name is a fantastic option. Lowering the resolution of images and films can also be useful if a creator desires to limit the breadth of infringement and illicit copying. Lower resolution implies there is a limited scope of modifying and using it as a derivative work, therefore infringers will be kept at bay.
  • Awareness about Creative Commons Licenses: Creative Commons is a non-profit organization based in the United States that provides free legal instruments to protect and facilitate the distribution and reproduction of information and ideas. These tools contribute to the standardization of content consumption and distribution on the internet. Affiliates of Creative Commons guarantee that all users are aware of the work and impact of these licenses.

Conclusion

Content creation is a valuable profession, and as a material creator’s validity is based solely on the content, it is accepted that all types of creative content must be protected from imitators and illegal duplication. The typical IP approach is available; but, where cost and strategy allow, an alternative licensing path may be used. It all depends on the breadth and scope of a piece of content’s utilization, as well as the long-term strategy for leveraging one’s assets. As a result, all content creators must have a thorough awareness of the IPRs and licenses that govern the digital environment.

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Business

HOW TO HANDLE CUSTOMER COMPLAINTS ON YOUR PRODUCT OR SERVICE?

By Timothy Hernandez

Your clients are your company’s lifeblood.Your business would never develop if they didn’t approve of it, which is why customer service is so critical.People are becoming more vocal about their experiences with businesses — whether good or negative – than ever before, due to the internet and social media.Unfortunately, customer-centric firms will receive a consumer complaint at some point, regardless of how well they serve their customers or how effectively they manage their organization.

Given that only one out of every 26 disgruntled customers complains to the company, and that an unhappy customer will tell roughly 15 people about their unpleasant experience, you’ve probably already lost some revenue due to angry consumers without even realizing it.

Nobody enjoys dealing with consumer complaints, but they may also be an opportunity for you and your company to shine. This is your chance to develop a consumer that will be happy and loyal for the rest of their lives. Although providing excellent customer service should always be a priority, if you do receive a client complaint, here are ten recommendations on how to address it.

  1. Stay Calm

Even if it’s difficult, you must remain calm when dealing with a consumer complaint. This can be difficult, especially since your company is likely a source of great pride for you. However, don’t take the complaint personally; it isn’t a smear campaign. A consumer complaint will frequently reveal an area in your organization where you might improve. Furthermore, getting irritated, losing your cool, or yelling at a customer is never a good thing. If you tackle the challenge with a calm mindset, you’ll be more likely to make good progress and meet your customer’s needs.

  1. Listen

When a customer comes to you with a complaint, it usually implies they want to be heard. Even if your concern appears insignificant to you, it is obvious to them that it is important to them since they have taken the effort to contact you. People do occasionally complain just because they are having a bad day, but keep in mind that we all have bad days, and you never know what is going on in their lives.

When it comes to your customers, active listening tactics can and should be applied all of the time. Don’t assume you know what the consumer wants or needs, and don’t dismiss their concerns as insignificant. Pay attention to what they’re saying and hear them out. Frustrated people may find it difficult to convey their problems or what they require from you to make them happy. Allowing your customer to speak will allow him or her to relax. Listening to your consumers and allowing them to vent can often fix a problem.

  1. Be Kind

Most of the time, remaining courteous and sympathetic can help to defuse anger and irritation. You can inform your consumer right away that you appreciate them reaching out to you about their issues and that you want to know how they’re feeling. From the start, a comment like this shows your consumer that you genuinely care and are willing to listen. You’re well on your way to finding a reasonable settlement to a client’s issue when they realize you care.

  1. Acknowledge the Issue

After you’ve listened to them out, acknowledge the issue and reiterate it to them. Paraphrasing what your consumer has stated and saying it back to them shows that you have listened and that you are aware of the issue. Recognizing the issue does not imply that you agree with the customer’s point of view; rather, it indicates that you understand and appreciate their viewpoint. You can say things like, “I appreciate this must be quite annoying for you,” or “If I understand you correctly…” before paraphrasing the issue.

  1. Apologies and Thank Them

Although it will be difficult, swallowing your ego and apologizing for your customer’s bad experience will put you miles ahead of the competition. Apologizing, like acknowledging, does not imply that you agree with the consumer or that you accept responsibility.

Thanking your consumer for reaching out with their problem may seem paradoxical, but it will demonstrate that you’re always looking for ways to improve your company. It demonstrates that you understand their perspective and are prepared to help them solve their situation.

  1. Ask Question

After you’ve listened to your customer’s complaint and given him or her time to cool down, it’s your responsibility to take the initiative and get all of the information. Now is the moment to begin asking questions for clarification calmly. Begin a true dialogue with your customer. You’ll have gained your customer’s trust by being courteous, listening, acknowledging, and apologizing.

It is critical, however, that you do not ask questions that have previously been answered by your consumer. Making someone repeat themselves can exacerbate emotions and give the impression that you weren’t paying attention in the first place.

  1. Make It Speedy

Once you’ve gathered all of the data you’ll need, it’s time to come up with a solution that will please everyone, including your consumer. Your consumer will be happier and you will be able to breathe a sigh of relief if you can discover a sensible solution that everyone can agree on quickly.

It’s critical to be adaptable in this situation. While it’s critical to adhere to your company’s regulations and guidelines, it’s equally critical to be able to go above and beyond for your consumers. Never propose a solution that you are unable to implement, as this will just set you back. Perhaps a small gift card or a discount on future purchases will be enough to calm things down. You might also offer to replace the item for free or upgrade their membership or purchase in the future.

Allow your employee’s ample discretion to make decisions on their own when trying to discover a solution. Passing an angry customer up a chain of command may exacerbate the problem, therefore it’s best to avoid it wherever feasible.

  1. Document their responses

Complaints frequently contain unspoken suggestions for improving your product or service. Keeping track of them might help you spot weaknesses, difficulties, and patterns. It could be a product flaw that has to be addressed right away. Perhaps it’s a complaint about a specific campaign that your marketing department can investigate. In any case, keep track of any consumer complaints about future references.

You can bring up the concerns in monthly and annual meetings to get ideas on how to deal with the problem now that they’ve been documented.

  1. Follow Up

Following up with your irate customer after you’ve found a solution for them may be the last thing on your mind, but after all that hard work, it’s the icing on the cake for them. It lets them know that their issues are on your mind, and it’s another method of demonstrating your attention.

Apologize once more and confirm that you’ve taken care of everything they required during this follow-up. If the consumer is satisfied at this point, there’s a strong chance they’ll use your services again, and they’ll tell their friends and family about you and how great your customer service is.

  1. Come out from behind the screen

Just because the internet has made it easier to give virtual customer support doesn’t mean you should constantly connect with customers through live chat or email. If you provide a service, such as a site building, copywriting, or social media consulting, having a video conversation with your consumers can be beneficial.

Although video conferencing might not have the same impact as face-to-face interaction, it still allows you to express emotions and nonverbal indications. This is a wonderful method to demonstrate that you truly want to assist and resolve the issue that led to the complaint.

With video conferencing programs like Zoom or Skype, you can simply put a face to a communication.

How to handle customer complaints the right way?

Some individuals will dislike what you create. That’s how much it costs to ship something out into the world. There’s a good probability you’ll have polarising reactions to your product if it’s excellent enough.

However, by planning ahead of time, maintaining optimal positivity ratios, and framing feedback as transient, particular, and external, you may empower yourself with strategies to deal with negative feedback and turn it into devoted consumers.

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Business

Guide To Selecting a Business Location In The Philippines For 2022

By Timothy Hernandez

For a committed entrepreneur, starting a business in the Philippines is exhilarating. Choosing the perfect location for a business in the Philippines, on the other hand, might be difficult. As a result, we’ll be asking some of the most pressing questions about strategic business sites in the Philippines, as well as aspects to consider when selecting a business location in the Philippines, today.

Consider the following factors while choosing a business location in the Philippines:

  1. Business Security: When picking a business location in the Philippines, the first thing to consider is the property’s security. This location is most likely where your assets and business equipment are kept. As a result, it is critical to ensure the safety of both the workers and the equipment. Security is often included in business parks, which may be a huge plus.
  2. Location Utility Bills: Another consideration while selecting a business location in the Philippines is the cost of utility bills. According to a poll issued last year, the Philippines is Asia’s second most costly country for electricity expenses! Even if these rates have just been lowered, utility bills can quickly pile up. As a result, analyzing utility prices is critical while selecting a business location.
  3. Business Requirements And Laws: Some rules and criteria vary based on the type of business you operate and the area you choose. Naturally, this varies by industry, but it is still a significant factor to consider when selecting a business site in the United States.
  4. Business Accessibility: Assume that a large portion of your traffic is generated by foot activity. In that situation, choosing a highly accessible business location is one of the most significant elements to consider when deciding on the finest location for your company in the Philippines. Accessibility, on the other hand, typically comes at a premium cost, so keep that in mind when renting or buying a company location.
  5. Costs And Fees: Costs and fees include your building’s basic costs as well as any additional fees such as Internet or insurance. Naturally, this may vary based on the sort of structure and the terms of your agreement. Remember that in business, you must constantly be willing to negotiate. Entrepreneurs will profit from weighing the benefits and drawbacks of the site, as well as the associated expenditures.
  6. Special Business Needs: Does your company have a one-of-a-kind requirement? For example, if you want to open a water station in the Philippines, you’ll need high-quality equipment and water sources… A traditional site might not be ideal for your company. As a result, while considering the elements to consider when deciding on a business location in the Philippines, this is one to think about.
  7. Parking For Your Customers, Clients, And Employees: As previously stated, accessibility is a critical consideration when deciding where to locate your business in the Philippines. For your employees, clients, and consumers, parking can be extremely advantageous. The latter is the most crucial. Customers may quit visiting your business if they find it difficult to get there. One possibility for overcoming accessibility issues is parking.
  8. Future Expansion And Growth: As your industry changes, so will your company. You may find yourself expanding and growing, but why is this significant when deciding where to locate your company in the Philippines? Because firms must change to survive. If you have a large client who wants to use your services, for example, you may need to hire ten people to keep up with the demand.
  9. Local Competition: Local competition can be quite beneficial, and psychology supports this economic decision. This is why, for example, many fast-food outlets open up near one another. However, if the competitor is giving something more value or superior to the customer, close competition can have a negative impact. As a result, this is something to think about when deciding where to set up shop in the Philippines.

In the Philippines, where is the best place to start a business?

The Mindanao region, particularly the Davao region, is one of the greatest places in the Philippines to establish a business. This is because the cost of doing business is lower in this location, but the Davao region also has a lot of chances and facilities for new firms.

Focusing on the business itself, the greatest place to start a business in the Philippines will be determined by the type of business, industry, and total magnitude of the company. Depending on where you go, these elements may be slightly simpler or more difficult.

Let’s look at an outsourcing center as an example. Cebu City and Metropolitan Manila are two excellent places to launch an outsourcing firm in the Philippines, as both have numerous offices and trained personnel. Even with these advantages, entrepreneurs must weigh the downsides, such as higher rates and expenses.

A modest real estate start-up is an additional example. You may discover that starting a business in Manila is too expensive and that there is a lot of competition. Iloilo City, on the other hand, has a lot of new construction, which means less competition and a cheaper overall company cost.

As a result, while different parts of the Philippines offer slightly different business prospects, the optimal location for your business in the Philippines will be determined by the type of business you are launching. Every place will have its own set of advantages and disadvantages. An entrepreneur must make sure that the benefits of doing business in the Philippines exceed the negatives.

Philippines Business Strategic Locations

In the Philippines, strategic sites can be critical to a company’s success. Furthermore, in many highly competitive industries, acquiring a strategic advantage might be critical, so how can a firm in the Philippines find a strategic location?

Choosing a strategic business location in the Philippines varies based on the type of company you start. A tattoo parlor, for example, will be in a different strategic position than a children’s shoe store. And it all boils down to the clientele of the company.

When looking for the finest location for a small business in the Philippines, here are some questions to ask yourself about your potential consumer.

  • Is it possible for my customers to see my business as they drive by?
  • Is My Location Attractive and Warm?
  • What can I do to improve the customer experience at my location?
  • What Other Stores Are Customers Interested in Visiting?
  • What are the locations of my customers?
  • Where Can You Find A Lot Of Foot Traffic?
  • Why are my customers congregating in this area?

These questions will assist you in determining strategic locations for your company as well as strategic steps to increase awareness.

To put it another way, picking a site that is the most accessible and visible to your consumers is frequently the best choice. Customers are less likely to complete an action if there are more obstacles in their way (such as walking through your doors).

A coffee shop that opened adjacent to a contact center was one example I saw this week. A protein restaurant close to a gym is another example. Both of these businesses select key sites for their prospective consumers. Naturally, every selection includes advantages and disadvantages, which is why business owners should investigate the optimal location.

In the Philippines, the best location for a small business

The expense of launching a small business in the Philippines is one of the most significant obstacles. In the Philippines, registering a business can be expensive; expenditures, equipment, and other business fees can quickly add up. As a result, one of the most significant obstacles facing small enterprises in the Philippines is obtaining startup funding.

As a result, while deciding on the ideal location for a small business in the Philippines, it’s frequently a good idea to go with the most cost-effective option. When looking for a business location in the Philippines, this can be a challenging balancing act.

However, depending on the type of business you run, you have a variety of possibilities. If you’re starting an outsourcing center, for example, you may link up with other firms to rent an office together to save money. Working from home is another option for lowering costs.

When it comes to picking a strategic company site in the Philippines, there are numerous advantages and disadvantages to consider.

Thoughts On Choosing A Philippine Business Location

There are various things to consider while picking a business location in the Philippines, as we discovered before. Some of these categories are more significant than others to businesses. If you’re a tiny business, for example, you might discover that cost is one of the most important considerations. If you run a huge company, on the other hand, security may be one of the most important factors to consider.

As a result, you should jot down the most troublesome place for you and your company. There is a solution for every difficulty. The most crucial task is to solve the problem of business location. Naturally, in business, solving one problem might lead to another, and here is where your entrepreneurial skills can come in handy.

A company location in a different area may be less expensive, but it will have less traffic. As a result, you’ve solved one problem, but you’ve created a new one: less traffic. As a result, after considering the facts and data, you may determine that it is more beneficial for your firm to be placed in a more expensive structure.

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Social Media

How To Create a Social Media Policy For Your Business

By Timothy Hernandez

Is it possible to terminate an employee for making work-related posts on social media? What if the posts aren’t even connected to your job? Are they protected speech, or are employers that want to preserve their brand free to use them?  

“It depends,” is the response to all of those inquiries. That’s why you don’t have to look hard to discover examples of employees being dismissed or businesses being boycotted for making rash statements.  

On social media, decisions are often made quickly and harshly. During the May protests in Minneapolis, the owner of a small literary agency tweeted about looting in her area. Within 48 hours, all of her agents had resigned, bringing with them many of their clients.  

It’s no surprise that employees and employers are unsure about their rights to post, criticize, or control social media posts. Crossing a busy crossroads without traffic lights or lane markings can be likened to crossing a busy intersection with no lane markers to guide you.  

This free-for-all is made more manageable by social media policy. Learn how to draught a social media policy that protects employees’ rights, promotes best practices, and reflects your company’s unique vision and values.  

WHAT IS A SOCIAL MEDIA POLICY?  

A social media policy is a collection of rules that employees and other business representatives must follow when using social media. It comprises both official company media and personal profiles of employees. You have more control over employee content published on business time and through your platforms.  

WHAT TO INCLUDE IN A SOCIAL MEDIA POLICY?  

These eight critical areas should be addressed in your social media policy.  

  1. Guidelines for business-owned media  

Your policy should spell out how to manage your business social media outlets, including how to:  

  1. Limit access to authorized users,  
  2. enforce brand guidelines, establish security protocols,  
  3. provide guidelines for posting and reacting to comments, and  
  4. create mechanisms for comments that should be escalated for a higher-level response should be outlined in your policy.  
  5. Business brand and values  

Your policy’s language and the presentation should ideally reflect your brand. It should also include the following:  

  1. Include a link to your brand rules in their entirety.  
  2. Remind employees that they are important brand ambassadors and that their online remarks reflect poorly on your organization.  
  3. Connect those principles to your expectations for posts about your organization, co-workers, customers, competitors, and public personalities on social media.  
  4. Give specific examples of off-brand language or behavior.  
  5. Provide direction to employees who discuss the brand in public venues. Employees at Adidas, for example, are encouraged to send a link to their Social & Environmental Affairs Department rather than posting comments defending the brand.  
  6. Ownership  

Employees should be truthful and take responsibility for their statements if they are told to:  

  1. Encourage employees to be upfront and accept responsibility for their opinions by requiring them to declare their employment status when blogging about the company.  
  2. Employees must mention that their ideas are their own and do not necessarily reflect the company.  
  3. Confidentiality and security  

Protecting sensitive information is another role of your social media policy. Employees should be required to:  

  1. Keep trade secrets, company strategy, financial information, client data, and other confidential information off the internet.  
  2. Keep co-workers’ information private to protect them.  
  3. Maintain sufficient data security for firm finances.  
  4. Defamatory or offensive content  

Your social media policy should explicitly define what forms of expression are prohibited, such as:  

  1. Offensive content, such as slurs based on race, ethnicity, sexuality, religion, or disability.  
  2. Harassment of co-workers is a problem.  
  3. Content that demonstrates or encourages illegal activity.  
  4. Defamatory remarks about the company, its competitors, employees, or other people.  
  5. Protected speech  

You may choose to include a section highlighting protected speech, as described above under legal safeguards, or you may decide that it is adequately covered elsewhere and omit it.  

  1. Consequences  

Violations should have repercussions, according to your policy. Simple blunders can be remedied by speaking with HR and requesting that the offending post be removed. Other infractions may result in a warning, while others may result in immediate dismissal.  

  1. Questions  

Include a dedicated email address, human resources point person, or a chat group for employees to go to if they have issues concerning social media. Check to see if your HR software can assist you in keeping everything connected to your social media policy in one location.  

HOW TO CREATE A SOCIAL MEDIA POLICY FOR YOUR BUSINESS  

Follow these steps to create a policy that serves your needs:  

  • Assemble a team that includes essential stakeholders such as communications, marketing, sales, and HR.  
  • Have team members go online and look for sample policies to discuss what you like and don’t like.  
  • Write in a straightforward manner that fits your brand.  
  • Use examples to demonstrate important topics.  
  • Consult a lawyer about your coverage.  
  • Publish your policy in your employee handbook and on your company’s intranet.  
  • Review your policy regularly to keep up with the ever-changing social media landscape.  
  • Introduce your policies with a brown bag lunch or other types of training to ensure that queries are answered.  

LEAD THE WAY  

Your social media policy is the lighting and lane markers that keep traffic flowing without incident on the freeway that runs through the heart of your brand.  

Employees who advocate your brand, consumers who engage with it, and public infrastructure that promotes who you are and what you stand for are all advantages for brands that keep ahead of the social flow.  

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Intellectual Property

Understanding the Intersection of Traditional Intellectual Property Rights and Open Access Initiatives

By Timothy Hernandez

Why would one choose to protect intellectual property (IP) from which one could potentially profit over making it freely available? Are there any types of IP that should be more widely available? These are complex questions that are still being explored and debated as our innovation economy and information sharing capacity evolve at a rapid pace.

Traditional IP Rights

Traditional intellectual property rights are granted for mental creations such as inventions and artistic works. These rights, which are mostly found in the form of patents, copyrights, trademarks, and trade secrets, are supported by a legal framework that grants the owner a limited monopoly over a specific creation for a limited time. IP can be found almost anywhere and is critical for economic growth in industries such as entertainment, publishing, pharmaceuticals, consumer electronics, and apparel, to name a few.

  • Patents Typically, parties seeking legal protection for intellectual property (IP) do so for commercial reasons. Patents establish a framework for sharing protected work while retaining commercial benefits such as product sales and licensing royalties. An individual inventor, for example, may patent a medical device and then sell that innovation to a large corporation. Often, the corporation can mass-produce the device at a lower cost, resulting in a lower cost to the consumer. It is a ‘win-win-win’ situation for the patent owner, who profits from the invention, the corporation that sells the device to the consumer, and the consumer, who can buy the device at a lower cost.
  • Copyrights Creative individuals who want to protect their works, such as songs, literary works, movies, and computer software, frequently benefit from intellectual property protection. Most of these works are presented to the public in the hope of gaining commercial benefit; however, without copyright protection, the product could be diluted, copied, and misused without compensation to the original creator.
  • Trademarks Businesses that use a specific word, symbol, or design to identify their products benefit from IP protection as well. In the film “Coming to America,” there is a hamburger chain called “McDowell’s,” which looks suspiciously like McDonald’s. It has a similar logo and products, such as the “Big Mick” burger and milkshakes, according to the joke. In the real world, the United States Patent and Trademark Office (USPTO) would almost certainly have rejected a “McDowell’s” trademark because of the likelihood of confusion with McDonald’s. A company that has created a brand and wants to protect it from “copycats” like these benefits from trademark protection, as do consumers who are otherwise harmed by market confusion.

Open Source & Open Access Initiatives

Open source and open access initiatives make various types of works available to the public.

Open access typically refers to the free distribution of research or educational materials online. Owners of these materials typically retain copyright and control over the distribution of the works. The Budapest Open Access Initiative, an international effort to make research articles in all academic fields freely available on the internet, is an example of open access. Another example is Creative Commons, a non-profit organization that provides licenses for a massive amount of creative, usually copyrighted, works. Its mission is to help people and organizations “overcome legal barriers to the sharing of knowledge and creativity to address the world’s challenges.”

The term “open source” often refers to free software, but it also refers to a larger conceptual movement. The Open-Source Initiative encourages the sharing of source code and offers advice on how to distribute it. Its principles include the requirement that a license “must not discriminate against any person or group of persons,” as well as the ability to distribute the source code. These principles are intended to encourage creativity while also providing access to code to people who might not otherwise be able to afford it.

So, why would a creator choose to give away his or her creative works for free? For one thing, creativity often breeds more creativity, and those who choose to present their works for free may do so with the hope of encouraging new ideas, products, and solutions to larger societal challenges. Furthermore, allowing free access levels the playing field slightly, allowing entrepreneurs and individuals to compete more effectively with large corporations with greater resources.

Of course, creators may wish to profit from their creations. A singer/songwriter who owns the rights to a piece of music, for example, is unlikely to give away his or her music for free. In general, they would monetize their copyright through methods such as live performances of their copyrighted works, publishing rights, record sales, and streaming. Traditional IP rights continue to be the norm in this area, despite an increasingly complex landscape, and policies such as the Music Modernization Act of 2018 aim to streamline and update copyright law for the digital era.

Striking a Balance

It can be difficult to strike a balance between traditional IP rights and open-source initiatives. Creators may wish to profit from their intellectual property while also considering the implications for society as a whole and how a specific creation can benefit society.

The Open COVID Pledge is one example of this convergence. The Pledge’s goal is to persuade “organizations all over the world to make their patents and copyrights freely available in the fight against the COVID-19 pandemic.” The Open COVID Pledge is currently managed by Creative Commons, and some of the innovations pledged by companies include touchless password authentication, access to healthcare data, and 3D-printed respirators. A creator can grant three types of licenses, including an “open COVID license” that expires after a set period.

There are advantages to taking the Pledge; for example, defeating the devastating COVID-19 virus will benefit humanity on a global scale, which will necessitate global participation and collaboration. Furthermore, Pledge companies are publicly recognized for their participation, generating goodwill that may result in commercial benefits elsewhere. Taking the pledge, however, may result in potential restrictions on IP licensing once the pandemic is over. Before taking the Pledge, some compliance issues must be addressed and considered. Also, how will derivative works be dealt with? While many companies have signed the Pledge and provided access to various patents and copyrights, these factors have prevented some key industries, such as medical device companies and pharmaceuticals, from fully embracing the Pledge’s principles.With a knowledge economy that has been ushered in over the last 60 years largely due to the incentives of traditional IP rights, the question of how to strike a balance with the extraordinary benefits of open access principles will be a challenge, an opportunity, and possibly the source of innovation. “We’re going to try to avoid the simplified intellectual property versus technology binary,” says Stan Muller of Crash Course. The notion that we must choose between undervaluing the fruits of intellectual talent and labor and undervaluing our networks’ revolutionary information-sharing capacity is misguided. The more interesting and difficult question is how we can find a happy medium.”

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General

PHL rises 3 scores in 2019 licensed innovation rights list

By Timothy Hernandez

THE Philippines improved its positioning by three scores in the 2019 release of a record that assesses the activities attempted by nations in securing licensed innovation (IP) rights.

In the Worldwide Property Rights File 2019, the Philippines acquired a score of 5.31, and put 67th among 129 economies, from a year ago’s evaluating of 5.22 and positioning of 70th among 125 nations. Regardless of this, the nation neglected to draw close to the worldwide normal score of 5.72.

The Philippines additionally stayed at the lower quartile in the gathering of Southeast Asian economies, as its assembling opponents stretched out beyond the pack.

Driving the seven Southeast Asian nations incorporated into the file is Singapore, setting fourth generally speaking, to lead Malaysia at 32nd, Thailand at 64th and Indonesia at 65th. Vietnam and Brunei Darussalam finished the territorial rankings at 83rd and 98th, individually.

The Philippines made a major jump in both score and positioning in the IP rights part, tying down a score of 5.7 to put 58th this year, from 5.4 at 62nd in a year ago’s cycle.

“The licensed innovation segment assesses the security of this sort property. Notwithstanding a supposition based measure, it evaluates security of two significant types of protected innovation rights—licenses and copyrights—from a by law and a true viewpoint,” the report read.

Further, the Philippines supported its rating of 6.5—its most noteworthy among the list’s three parts—in close to home property rights, improving its place to 60th, from 63rd, all the while.

Under this segment, the certainty of the individuals in the state’s adequacy to ensure their private property rights is surveyed. The file said a solid property rights system accommodates incorporated exchanges on the vault of property and grants access to the necessary credit to change over property into capital.

Be that as it may, the nation’s legitimate and world of politics got a lower score of 3.7 this year, from 3.8 a year ago. This made the Philippines drop to 102nd, from 95th, in this part.

“The lawful and world of politics part gets a handle on the capacity of a country to uphold a by law arrangement of property rights. It contains four components: the autonomy of its legal framework, the quality of the standard of law, the control of debasement and the security of its political framework,” the report read.

The 2019 cycle of Universal Property Rights List was discharged by Property Rights Union in organization with the Establishment for Financial Opportunity and Negligible Government Masterminds. The Philippines was chosen for the main worldwide dispatch because of the nation’s rising significance, on account of its growing populace and economy.

Manila’s property rights issues likewise mirror the circumstance in many developing economies, for example, recommendations to debilitate IP insurances in the pharmaceutical area, as indicated by Property Rights Union. The gathering said improving property rights assurance system “can expand accessibility of new prescriptions, battle endemic defilement and change the Philippines into a cutting edge and dynamic accessibility.”

Finland beat the list to remain above Switzerland, New Zealand, Singapore, Australia, Japan, Sweden, Norway, Luxembourg and the Netherlands.

In an announcement on Wednesday, Property Rights Coalition Official Executive Lorenzo Montanari focused on property rights are human rights, as well. Without property rights, individuals are controlled by they way they act, talk and take an interest in the economy, he said.

He said when individuals are sure their property is protected—that they can purchase, sell and worth their advantages in a free commercial center—at that point this hopefulness welcomes business enterprise, diminishes debasement, raises metro support, and improves interest in innovative work.

Intellectual Property Office of the Philippines

Trademark Registration in the Philippines