The importance of trademark registration for your company

With the economic recovery, companies in the sector have reconsidered the way they do business and maintain active commerce, reviewing what would be necessary to improve their image and the profits they can produce. However, they continue to think that registering a trademark is not necessary to have a much more profitable business, finding themselves in a big mistake.

And it is that registering a trademark is essential to generate a real identity in the market. Creating a business doesn't mean creating just one product or service, it includes ideas and the creativity with which you develop them, giving it greater visibility if we have a brand, for example.

First of all, we must know what a brand is and what it consists of. Law 17/2001, of December 7, on Trademarks indicates that a trademark can be all signs, especially words, including names of people, drawings, letters, numbers, colors, the shape of the product or its packaging, or sounds, provided that such signs are appropriate to distinguish the products or services of a company from those of other companies and to be represented in the Trademark Register in such a way as to allow the competent authorities and the general public to determine the clear and precise purpose of the protection granted to its owner.

The main function of the brand is allow consumers to identify the service-product offered by a company, in order to distinguish it from identical or similar competing products. Those who are satisfied with a certain product or service are more likely to buy again or to re-hire that same service.

To do this, they need to be able to distinguish it from other identical or similar products. Since they make it possible to differentiate some companies from others and products from those of the competition, brands play a fundamental role in development and commercialization, and contribute to projecting the image and reputation of products or services to consumers.

By having a brand, it is possible to generate a loyal clientele, also encouraging the company to improve the quality of services, since the brand is directly related to that quality. In other words, the company will want to guarantee a good reputation by improving the product or service related to a certain brand. Therefore, a brand is a great commercial asset and can become an essential part of the evolution in a specific market.

As we know, this is because many consumers they value brands, their reputation, their image and based on this, they are willing to pay a higher amount for a service from a brand they recognize.

But the essential question is why should brands be protected?

The registration of a trademark gives the company the exclusive right to prevent third parties from selling identical or similar products under the same brand or using one so similar as to cause confusion.

If the company does not register the brand, the investments it makes in the marketing of a product may be useless, since its rivals could use the same brand or one so similar that it can be confused to market identical or similar products.

This affects the company's profits directly, since it confuses consumers and can cause it to affect the reputation of the business, if the rival brand offers a clearly lower quality service.

For this reason, and seeing the advantages that can be achieved with the registration of a trademark, it is necessary to detail, in broad strokes, how to proceed with this.

Trademark protection in Spain (with a duration of 10 years) is obtained, as established by Law 17/2001, of December 7, on Trademarks, by registering it with the Spanish Patent and Trademark Office (OEPM). The application for registration can be submitted online, through the OEPM website, which has an electronic office and allows payment by credit card for some of the forms of industrial property or in person at its offices.

The registration of a trademark will, of course, have greater protection, especially in cases where there is a conflict with a trademark that is identical or so similar as to cause confusion.

In addition, it should also be noted that the choice of an appropriate brand is a determining factor, since it is an important element of the company's marketing strategy. There are no established rules or parameters to take into account when selecting which brand will differentiate the company from others, but there are recommendations that could be useful.

First of all, it is essential to verify that the name that has been chosen meets all the legal requirements for registration, since there may be some reason for refusing the application.

Secondly, we will have to carry out a search, through the OEPM platform to verify that the trademark we intend to register is not already registered or that there is one so similar that it could lead to confusion.

Finally, the brand must be easy to read, write, spell and remember and that it lends itself to all types of advertising media without having negative connotations either in its own language or in any of the languages of the markets in which it is intended to work.

Along with the trademark application submitted to the OEPM, it will be necessary to pay an established fee, which is reviewed annually. The amount of the fee will depend on the number of Nice Classification classes that intend to register. This is a classification of products and services for the registration of trademarks or trademarks and service marks.

In short, the trademark and its registration are essential to enhance the activity and the product or service of a company, making it easier for the consumer to recognize in front of others, what they intend to market. Therefore, when it comes to positioning the company, it can be an essential instrument with which to achieve great benefits, adding a new point of protection to the business.

Pilar Mata (T&L Attorney)