Trademark registration is one of the principal actions we must undertake when starting our business. A trade mark is a sign which can distinguish goods and services from those of the competitors. It can be for example words, logos or a combination of both, olfactive marks, auditive signs, tridimensional designs. The only way to register a trade mark is to contact with us – Your Trademark Lawyers.
TRADEMARK REGISTRATION
Intangible Value of a Trademark
Trademark registration provides extensive protection and represents a highly important asset for your business, quite possibly the most valuable asset a company possesses.
Duration
The exclusivity of a registered trade mark is for ten years from the date of filing and can be renewed indefinitely.
Right of Exclusiveness
It also grants the right to prohibit others from using an identical or similar mark for identical or similar goods or services.
INTANGIBLE VALUE OF A TRADEMARK
DURATION
RIGHT OF EXCLUSIVENESS
Trademark registration provides extensive protection and represents a highly important asset for your business, quite possibly the most valuable asset a company possesses.
The exclusivity of a registered trade mark is for ten years from the date of filing and can be renewed indefinitely.
It also grants the right to prohibit others from using an identical or similar mark for identical or similar goods or services.
DIFFERENCES FROM OTHERS DISTINCTIVE SIGNS
COMMERCIAL NAME
The commercial name is the sign or name that identifies a company in the commercial traffic and serves to distinguish it from other companies that engage in identical or similar activities.
The commercial name, therefore, distinguishes the company that manufactures or markets the products or provides the services.
In contrast, the brand distinguishes the products or services that the company manufactures, markets, or provides.
For example, a clothing manufacturer would register the commercial name used in its business activities as a manufacturer, such as in dealings with suppliers, customers, etc.
The sign or name under which it markets the clothing will be the product’s brand
The sign or name under which it commercialises that clothing will be the product’s trademark.
TYPES OF TRADEMARKS
- DENOMINATIVE: arbitrary or fanciful terms. Corporate names, pseudonyms, and proper names. Numbers, letters, etc.
- GRAPHIC: graphic symbols, logos, drawings, etc.
- MIXED: the combination of denominative and graphic elements.
- THREE-DIMENSIONAL: packaging, product shape, etc.
- OLFACTIVE: those marks perceived through the sense of smell that distinguish a certain product and/or service.
- SOUND: those marks perceived through the sense of hearing that distinguish a certain product and/or service.
WHAT SHOULD BE DONE BEFORE APPLYING FOR A TRADEMARK
When selecting a trademark, the entrepreneur or producer must adopt a sign that is not only valid but also suitable as a means to promote the sale of their products or the hiring of their services.
From a commercial standpoint, the trademark should be:
a) Euphonious – Difficult-to-pronounce, unpleasant-sounding, or aesthetically unappealing names should be avoided.
b) Easily memorable – This quality is largely responsible for its commercial success.
There should be no prohibition for its registration, and ideally, it should not be similar or identical to an already granted trademark in the same market for similar or identical products or services.
LEGAL SERVICES RELATED TO TRADEMARKS
- Definition of strategies to protect what needs to be protected, when to protect it, and what actions to take to protect and develop the trademark.
- Prior advice on the feasibility of the trademark name or logo.
- Advice on the scope (products and services) that the trademark should cover for comprehensive protection.
- Monitoring and defending the trademark in any country during the registration process (responding to suspensions, responding to oppositions, filing appeals to achieve trademark registration).
- Preparation of all types of contracts related to the trademark, such as assignment, licensing, distribution, as well as negotiations to safeguard trademark rights.
- Actions to avoid costs by negotiating in case of conflicts with third parties.
- Trademark renewal services.
- Specific reports on new trademark applications in your sector or from potential competitors.
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CONTACT
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