Starting a business, creating, innovating or any other way of making a difference in the market is a matter of great importance today. This process, which involves a great deal of work, investment and knowledge, is a story that is practically unknown to third parties, but it is essential for entrepreneurs. That is why legally protecting the name, image and all the effort behind a company is increasingly necessary.
As a result, there are mechanisms designed to protect creations. Of these mechanisms, trademark registration is one of the most sought-after. At BBMabogados we are experts in trademark registration, so please do not hesitate to contact us to learn more about this process.
What is a trademark?
The first point we need to be clear about is what is considered a “trademark”. For this we turn to the definition offered by the Spanish Patent and Trademark Office, the body before which the registration is carried out. It states that a trademark is the sign that makes it possible to distinguish a product or service in the market, that is, it is a distinctive sign.
Thanks to the trademark, we can differentiate and individualise some products and services from others of an identical or similar nature. At the same time, they help to identify the commercial origin, which also serves as a means of promotion.
On the other hand, it is worth mentioning that words, people’s names, drawings, letters, figures or colours may constitute trademarks. Likewise, the shape of the product or its packaging and sounds could be registered as a trademark. The essential thing is that these features serve to distinguish the products or services of one company from those of others.
Along these lines, for such distinctive signs to be legally considered a trademark, they must follow the trademark registration procedure. In this way, it will be possible to determine the precise type of protection the trademark holder enjoys.
Types of trademark
It is important to highlight the existence of several types of trademark, suited to different needs. Thus, we find:
INDIVIDUAL TRADEMARK
This is precisely the type explained above, where the distinctive sign used by the entrepreneur allows them to differentiate their product or service from others offered by competitors.
COLLECTIVE TRADEMARK
This type makes it possible to distinguish the products or services of the members of an association of manufacturers, traders or service providers. The holder of the trademark is that association.
GUARANTEE MARK
As its name indicates, it certifies compliance with common requirements relating to the quality, technical conditions, components, origin or manufacturing method of a product.
This type of mark is not used by the holder directly, but by third parties who have been previously authorised by them, and who will control and assess that the authorised party’s products or services meet the requirements that the mark guarantees.
The trademark registration procedure in Santander
We must bear in mind that this process is somewhat long (it can take up to 12 months) and costly, which is why many entrepreneurs decide not to protect their trademarks. However, carrying out the registration will help avoid problems in the future.
SEARCH FOR PRIOR REGISTERED RIGHTS
In order to verify that the trademark to be registered is free, a search report must be requested from the Spanish Patent and Trademark Office in the different classes in which you wish to register the sign. The search can also be carried out on the OEPM website.
FILING THE DOCUMENTATION
The procedure can be carried out in person or over the internet; the latter provides a 15% reduction in application fees. Once the application is submitted, a date and time are given for the filing, along with a number that identifies the file.
EXAMINATION
Once the documentation has been submitted, it will undergo reviews both as to form and as to substance. It will then be published in the Official Industrial Property Bulletin for two months, so that third parties who consider themselves harmed can file an opposition to the grant of the trademark applied for.
If no objection is raised, or once any that are filed have been resolved, the trademark is examined again to check that it complies with all the regulations in force. Finally, the office will grant or refuse the trademark.
RENEWAL
The registration will have a maximum term of 10 years from the filing date. Once this period has elapsed, it must be renewed indefinitely if you wish to continue enjoying the legal protection of the trademark.
Why register your trademark in Santander?
Despite being a long and costly process, registering a trademark will save you problems in the future. It guarantees the holder’s exclusive right to use the trademark, which will act as a defence before the courts if this right is infringed by competitors.
In this way, registration becomes a way of protecting the investment made in the product or service.
LAWYERS WHO EMPATHISE WITH THEIR CLIENTS IN DIFFICULT TIMES
We protect our clients’ rights with the utmost dedication and diligence, placing special emphasis on personal attention
