REGISTER YOUR BRAND

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Your trademark is the name under which you go to the market and which you want your customers to identify you. It is advisable that it coincides with the name of your company (company name) in order to incorporate it as a new company and, also, with the purchase of a domain to create your website. Although you can actually have a single company name with many registered trademarks and many domains of websites created. We will explain the process of registering a trademark with a trademark office of a country or an international organisation.

By registering your trademark, you get an exclusive right to use the trademark for your specific goods and services for which it is registered. Trademark registration allows you to protect your brand from competition and may be a requirement to participate in some markets or competitions. To apply for a trademark registration, an application must be submitted to the relevant trademark office, including a detailed description of the trademark and the list of goods and services for which registration is sought.

WHY REGISTER A TRADEMARK OR TRADE NAME?

The brand is the hallmark of the product or service provided by a company, it identifies a product or service, allowing the consumer public to identify it, distinguishing it from other similar products, assessing it in terms of its quality and informing to the user about its origin.

In the first place, the person who obtains the registration is recognised as the holder of the registration. The registration grants ownership and the exclusive and exclusive right to use the trade mark. No one may prevent the owner of a trade mark from using it within the scope of its registration. It should be noted that the trade name proprietor can prevent anyone from using a trade mark identical or confusingly similar to his own, thus protecting his clientele from fraud and confusion.

Ownership of the trademark confers the right to sell it and/or to grant a third party the use of the trademark, licensing it in exchange for economic values, for a determined period of time. The trade name is an intangible asset. The trademark registration is valid for 10 years and can be renewed indefinitely, after payment of fees.

What are the advantages of trademark registration?

REGISTERING A TRADEMARK OFFERS A NUMBER OF ADVANTAGES, SOME OF WHICH ARE AS FOLLOWS:

1. Exclusive protection: the registration of a trademark guarantees its exclusive use by its owner, which prevents other companies or individuals from using it.
2. Prestige and recognition: A trademark can increase the prestige and recognition of a company, as it symbolises quality, reliability and solidity.
3. Differentiation: branding allows the company to differentiate itself from the competition and establish a unique identity in the market.
4. Commercial value: A trademark can increase the commercial value of a company as it can be transferred or licensed.
5. Protection abroad: The registration of a trademark can include protection in several countries, which is especially important for companies that want to expand abroad.

THERE ARE VARIOUS CLASSIFICATIONS OF BRANDS:

ACCORDING TO THEIR PURPOSE:

• Of products and services: individualise products and services respectively.
• Collective: is the one that serves to distinguish products or services on the market from each other. services of the members of an association of manufacturers, traders or service providers.
• Of guarantee: certifies the common characteristics of the products and services produced or distributed by duly authorised and controlled persons by the trade mark proprietor.

DEPENDING ON THE FORMAT OF THE SIGN BEING PROTECTED. THE MOST COMMON ARE: VERBAL, FIGURATIVE, THREE-DIMENSIONAL

ACCORDING TO THE TYPE OF PRODUCT OR SERVICES

• All types of services and goods are classified in 45 Nice classes.

ACCORDING TO THE GRAPHIC ELEMENTS

• The figurative elements of these are classified in the Vienna classes of 29 categories.

ACCORDING TO GEOGRAPHICAL SCOPE

• There are national (Spain), European Union and "International Marks".

OTHER BRAND CATEGORIES ARE:

1. Product brands: refer to specific products, such as food, beverages, electronics, among others.
2. Service marks: apply to services, such as financial services, telephone services, transport services, among others.
3. Mixed marks: combine features of product brands and service brands.
4. Fancy or fictitious marks: have no specific meaning, but are easy to remember and distinct.
5. Lifestyle brands: relate to a particular lifestyle or image and may include products, services and events.
6. Collective marks: are registered and used by a group of companies to identify products or services in a specific sector.

This TIP explains the importance of registering a trademark for a company and the benefits it brings. The registration of a trademark allows the company to have the exclusive and exclusive right to use the trademark for the specific goods and services for which it has been registered. It also protects the trademark from competition and may be a requirement for participation in some markets or competitions.

The registration process includes submitting an application to the relevant trademark office, including a detailed description of the mark and the list of goods and services for which registration is sought. The registration of a trademark also offers a number of advantages, such as exclusive protection, prestige and recognition, differentiation, commercial value and protection abroad.

There are various classifications of trademarks according to their purpose, format of the sign, type of product or service, graphic elements and geographical scope, among others. In a nutshell, registering a trademark is an important tool for protecting a company's identity and reputation, as well as for establishing a strong market presence and standing out from the competition.

Branding as a company's lasting competitive advantage

A brand can be a lasting competitive advantage for a company, as a strong and well-established brand can be difficult for competitors to imitate or surpass. A strong brand can help differentiate a company from its competitors and can create long-term customer loyalty.

In addition, a trademark provides legal protection against unfair competition and unauthorised imitation, which helps protect the investment made in building the brand. A trademark can also be licensed or sold for additional income.

In short, a brand can be a valuable competitive advantage for a business, as it can help differentiate it from competitors, build customer loyalty and provide legal protection. It is important for entrepreneurs to understand the importance of registering and protecting their brand from the outset to maximise its long-term value.