Influencers and Their Relationship with Industrial Property and Intellectual Property

By Enrique Cheang, E.C.V. & Asociados

The activities of influencers on social media have evolved into what is, in many cases, a genuine business activity. For this reason, it is essential for influencers to understand the key legal issues surrounding their profession, both to ensure adequate protection of their rights and to avoid engaging in conduct that may infringe the rights of third parties.

In this context, most influencers develop a personal brand through their presence on social media and digital platforms. A personal brand is a business strategy through which an individual is perceived by the public in much the same way as a commercial brand. For influencers, building a personal brand depends not only on popularity but also on their ability to differentiate themselves from others, capitalize on their unique qualities, communicate a clear and consistent message, and project a distinctive and recognizable identity.

As an influencer's visibility and reputation in the digital environment increase, so does the risk that third parties may attempt to misappropriate that personal brand, for example, by registering the influencer's name or other distinctive signs as trademarks. For this reason, once an influencer has achieved a certain level of recognition and reputation, it is highly advisable to protect the personal brand by registering it with the relevant trademark authority.

Having a duly registered trademark not only grants its owner the exclusive right to use and exploit the mark but also facilitates enforcement against unauthorized use by third parties. In particular, many social media and digital platforms have specific procedures available to trademark owners, enabling them to request the removal of infringing accounts, profiles, or content more efficiently and significantly reducing the time required to address trademark infringements.