Are you wondering how to register a trademark? Are you looking for a company in Valencia to help register your trademarks? A trademark is a distinctive sign which plays a key role in distinguishing the goods or services on the market provided by the trademark holder from the goods or services offered by its competitors. More specifically, a trademark is used (among others) to identify the origin of the goods and services, to act as a quality indicator, an advertising support, and an element that summarizes the good reputation offered by the goods or services.
How do you register a trademark?
First, clarification must be made with respect to the terms “trade name” and “trademark”, although reference will be made to both in the following description. A trademark is the symbol, i.e., the distinctive sign or logotype, which identifies the goods or services of a company. Trade name is the name under which a company conducts business and it distinguishes said company from others offering similar goods or services.
Trademark registration in Spain involves filing the application and paying the corresponding fees, regardless of whether it is done online or in person. When filing an application in person, a trademark registration application form must be completed as a type of identification, and then it must be submitted after that in the Spanish Patent and Trademark Office along with the proof of payment of fees. As mentioned, registration can also be performed online. However, the lack of knowledge in the procedure is a risk in both cases and could lead to errors in form or content, causing the application to be rejected and having to restart the process within an established time period.
Why is registering a trademark so important?
A trademark is fundamental for any business regardless of the sector because not only does it denote the quality of a specific service, but it also shapes all the characteristics making up a company’s personality and values. This is clear to everyone. So why is the importance of registering a trademark still being questioned sometimes?
Registering a trademark is fundamental to protect this basic pillar of a business because a trademark is what comes to the mind when thinking about the goods and services offered by a company.
An unregistered trademark involves serious risks
It was not so long ago that entrepreneurs refused to place any importance on trademarks, mistakenly believing that trademark registration should matter only to big multinational companies that greatly benefit from their trademarks on a daily basis. However, this is no longer the case as entrepreneurs are becoming increasingly more aware of the importance of suitably protecting their trademarks by registering them in the Spanish Patent and Trademark Office with all the actions required in this process. Regardless of the size of a company or business, knowing how to register a trademark is one of the first issues that needs to be assessed when giving shape to a project.
Let’s take a look at a practical example. Imagine that you have a footwear trademark called X and a third party produces another product under said trademark and registers the trademark in the OEPM. What will happen when a third party uses my trademark without consent? If that trademark was not registered and the third party takes advantage of the situation and registers it, you will lose all your rights and will have to change the trademark that you have spent all those years to build up.
However, trademark protection goes far beyond that. It involves constant surveillance, a prior viability study, and even defense when actions which damage the interests of a registered trademark arise. Obtaining professional help from a specialized agency is therefore essential to deal with all these trademark-related matters.
Application to register a trademark
The application for trademark registration can be made through the electronic headquarters on the website of the aforementioned OEPM. The application can also be submitted in person at the Regional Industrial Property Information Centers in any of the Autonomous Communities. There is the possibility of doing it in a Post Office.
On the other hand, we must highlight the international brand. What are international brands for? Within the Madrid System, which was shaped by two treaties, 80 countries are combined. By registering this international trademark, our trademark can be protected in all of these states. Also throughout the European Union, submitting the application at WIPO. These formats are very interesting for an SME that is expanding its geographical area of operation or for large companies that intend to create a new brand at an international level. Also for entrepreneurs who have an idea and want to protect it before giving it shape.
And it is that before opening a new business window, we must lay the foundations on which it must be based. And the brand, without a doubt, is one of them.
Are you wondering how much it will cost to register a trademark with the help of a professional specialized agency? Do you have questions for us? Contact Jesana IP for more information.
Our agency offers a comprehensive service in the area of trademarks, distinctive signs, or industrial designs. In the case of trademarks, our service ranges from conducting a viability study and registering the application to trademark surveillance and renewal, in addition to other actions aimed at protecting a trademark against misuse by a third party.
- VIABILITY STUDY.
- TRADEMARK APPLICATION: filed directly by our specialists in Spain and the EU and by our extensive network of collaborators in other countries worldwide.
- CASE FILE SURVEILLANCE.
- SUBMITTING AND REPLYING TO OPPOSITIONS.
- TRADEMARK RENEWAL.
- EXPERT REPORTS AND RATIFICATION IN COURT.