Brand protection consultation: identifying and protecting intangible assets

Situations relevant to the brand protection consultation

• A company at launch stage chooses a trade name without having identified the assets attached to it.
• An expanding brand is preparing its entry into new export territories.
• A franchise network passes on know-how to its members without having organised its protection.
• A sector or a producers’ group uses a common name whose ownership remains unclear.
• A business owner is preparing a sale and discovers that the domain names and databases appear in no inventory.

Process

1. Collection of the declared assets and the project. The firm first receives the list of declared assets and the nature of the project: launch, export or sale. This phase takes place asynchronously, through the transmission of documents.
2. Inventory of assets using Questionnaire P-02. Questionnaire P-02 then structures the inventory: brand, domain names, know-how and databases. Beforehand, the IA-04 interactive assistance supports its completion, without issuing any opinion.
3. Review of protection status and risks of appropriation. For each asset, this step records the protection elements already in place. It also identifies the risks of appropriation by a third party.
4. Guidance on protection and value-enhancement measures. The firm then ranks the measures according to the project and the territories targeted. The note flags the steps that fall to an authorised professional.
5. Written or videoconference debrief. The guidance note constitutes an asynchronous debrief. The 60-minute videoconference, by contrast, offers a synchronous exchange, recorded in a session record.

Deliverable

The brand protection consultation results in a guidance note or, by videoconference, in a session record. The document first presents the inventory of the intangible assets identified. It then sets out the protection status of each of them. Finally, it prioritises the measures for protection and value enhancement. The note reaches the client five working days after receipt of complete information. The session record, for its part, sets out the points examined during the videoconference.

Prerequisites

The consultation requires the transmission of the completed Questionnaire P-02. The brand identity elements supplement this questionnaire. The client also indicates the territories targeted by its project. The time frame runs from receipt of all these items.

Frequently asked questions

How is the choice made between the guidance note and the videoconference?

The guidance note is suitable when the inventory includes numerous assets and calls for a written record. The 60-minute videoconference, by contrast, favours direct exchange on the project and the priority measures. In both cases, the content covers the inventory of assets, their protection status and the measures to be taken. The common consultation form records the chosen format.

What is the time frame for the brand protection consultation?

The guidance note is delivered within five working days. The videoconference takes place in a slot set at least 7 days after booking (priority slot possible within five working days), Tuesday to Thursday. These time frames run from receipt of a complete file. They nevertheless remain indicative, in accordance with the common rules of the catalogue. An incomplete questionnaire therefore postpones the starting point of the time frame.

Which assets are included in the inventory?

The inventory covers the brand, domain names, know-how and databases. These assets constitute part of the company’s value. If they are neither identified nor protected, they are lost at launch, sale or export. This is why the consultation always links the inventory to the project declared by the client.

Which withdrawal rules apply?

With regard to a consumer client, Law No. 31-08 provides for a seven-day right of withdrawal. A consultation scheduled at least seven days after booking preserves this right. Conversely, a consultation scheduled less than seven days away entails immediate performance, without a right of withdrawal. ASKonsult then obtains the consumer’s express consent, after providing information on these consequences.

Does the information transmitted remain confidential?

ASKonsult treats as confidential the information and documents transmitted by the client. They are exchanged through the secure area, and their use is limited to the purposes of the consultation. This obligation survives the end of the relationship. The client is likewise bound with regard to the non-public tools and deliverables it receives.

What role does the IA-04 interactive assistance play?

The IA-04 interactive assistance supports the completion of Questionnaire P-02. It explains the sections, clarifies what is expected and checks the consistency and completeness of the answers. However, the assistance issues no opinion and does not assess any particular situation. Its outputs do not constitute a deliverable: the firm then analyses the work prepared and validates it.

What follow-up can extend the consultation?

When the assets call for structured work, the Inventory and protection of intangible assets package (K-17) takes over. A recurring need points rather to the Steering subscription (A-02). In addition, the digital consultation (C-04), the export consultation (C-08) and the leadership transition consultation (C-19) address related questions. The choice depends on the project concerned: online presence, export or sale.

Out of scope

The brand protection consultation does not include filing a trademark on behalf of the client. It also excludes any certified prior-rights search and any financial valuation of the assets. Infringement action also remains outside the service. These steps fall, as the case may be, to the client or to an authorised professional, to whom ASKonsult refers the client.