Protecting a growing brand's IP comes down to five things: registering your trademarks, knowing where and how to check existing marks, deciding whether you need a lawyer, understanding realistic registration timelines, and reporting counterfeits when they appear. In this Ask Mark Anything session, MarqVision CEO & Founder Mark Lee answers the questions small and growing brands ask most — summarized below, with the full video and transcript.
Is counterfeiting really a danger for a small brand?
Yes. Counterfeiters deliberately target smaller brands with one or two popular products, because they assume you can't fight back and it's easy to trick customers before you have a big web presence. Once a product gains traction, counterfeiters copy your website, manipulate social media algorithms, or pose as genuine sellers on major marketplaces. Even brand-new brands are at risk.
How do I check if my trademark already exists?
Search the trademark office database for the country where you want to file — every country has a free, publicly searchable online database. In the U.S. it's the USPTO; the EU uses the EUIPO; China's marks are managed by CNIPA. If you plan to expand globally, search each market you'll operate in — registering in your home country alone won't protect a brand that's going global.
Do I need a lawyer to build my IP portfolio?
No — working with a lawyer isn't strictly necessary. You can register trademarks and copyrights yourself with no legal background, as long as you do your own research and plan carefully. That said, a lawyer or IP expert makes the process smoother and your registration more likely to be accepted by your country's IP office. If you're on a tight budget, going it alone is a legitimate option.
How long does it take to register my IP?
It depends on the type of IP. Copyright is quickest — usually 1 to 3 months. Trademarks typically take one to two years, moving through stages that start with the initial filing; in first-to-use countries like the U.S. and Canada you can use the mark for business before it fully registers. Patents are slowest, taking anywhere from a year to more than four years depending on the patent type, application quality, product, and country.
How do you report a counterfeit?
Find the reporting form on the site where you found the fake. Every major marketplace — from Alibaba and Wish to Amazon — and social platforms like Facebook and Twitter have procedures to help brand owners protect their IP. Submit details of the counterfeit plus proof of the IP you're protecting. Accurate, detailed reports get fast results, because platforms have a vested interest in keeping their sites clean and will side with legitimate brand owners.
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Full transcript
It absolutely can be. Counterfeiters love to go after small businesses with a handful of popular products. They don't expect you to be able to fight back against their actions, and they know it's easier to trick customers because you probably don't have a big web presence yet. But if you have one or two products that become popular, counterfeiters know they can make money off your ideas. They'll quickly set up a website that copies yours, or they'll manipulate social media algorithms, or simply pretend to be a genuine seller on big marketplaces. So yes, even very new brands can be at risk to this.
Every country has their own trademark office, and every trademark office has a publicly searchable online database. All you have to do is head to
the website for the country you're looking to file your trademark. For the U.S., this will be the USPTO website. The EU has a combined office called EUIPO, while China's IP is managed by CNIPA. If you have plans to expand globally in the future, you'll want to get your trademark registered in other countries' IP offices. Registering your trademark in your home country alone won't be enough to keep it protected for long, especially if your business is thriving and your product is going global. So when you're performing these searches, make sure you're considering the availability of your marks in other countries.
Working with a lawyer is not strictly necessary. But we do recommend working with a lawyer or an IP expert, as it will make things a lot smoother for you as a business owner. It'll also make your registration more likely to be accepted by your country's IP office. But if you're on a tight budget, it's definitely possible to go it alone. You can get your trademarks and copyrights registered without outside legal support. There's nothing preventing someone with zero legal background from registering their own marks. You just need to do your own research and plan your registration carefully.
This varies a lot between the types of IPs. The quickest to get registered is copyright. The moment you file registration, you'll usually wait for 1 to 3 months. In most countries, it doesn't usually take much longer than that. For trademarks, the process takes around a year or two. You'll go through different stages of the registration during this time, starting with the initial filing. In a lot of countries like the U.S., you work with an agent of the national IP office for an ongoing review. They need to check that your application follows all the rules correctly and that you're not infringing on anyone's existing trademarks. But remember, you don't have to wait to be fully registered to be able to use it. In fact, countries like the U.S. and Canada have a "first-to-use" trademark system, so using the trademark for business first, even before registration, helps to claim your rights. Patents are usually the slowest to register properly. The process can take anywhere from a year to more than four years.It varies a lot depending on things like the type of patent you're applying for, the quality of your application, the type of product, the country you're filing with, and so on.
So you found some fake copies of your brand's products online. The good news is that it's easier than ever to remove counterfeits. Every major marketplace, from Alibaba, Wish, to Amazon, all have procedures in place to help brand owners protect their IP. Even social media platforms like Facebook and Twitter have straightforward reporting systems to help get counterfeits off their site. All you have to do is find the reporting form of the site where you found the fake product. You'll need to submit details of the counterfeit you found, as well as details about yourself and the IP you're looking to protect. If you submit everything accurately, with as much detail as you can provide, then you should get positive results very quickly. Big marketplaces and social media understand how harmful it is to have IP-infringing products or content on their site. So they have a vested interest in keeping their sites clean, and will side with you as a legitimate brand owner every time.
Featuring Mark Lee, CEO & Founder, MarqVision
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