Como registrar una marca

How to register a trademark?

Dec 2, 2019 | Brand conflict, brand similarity, EUIPO, Intellectual Property, News, Trademark | 0 comments

Are you thinking of registering your trademark? Don’t know where to start? Do you have any doubts?

Do not worry!

From SingularTM we give you the 8 essential keys to consider when registering a mark.

Key 1: Registering a mark Is it worth it? Is it mandatory to register a trademark for my business?

The answer is yes, of course it’s worth it, although it’s not obligatory.

We give you a very clear example of why it is always advisable to register your trademark:

Let’s say we open a new business and it turns out it works really well. We are starting to position ourselves, have more and more customers and visibility and even appreciate the expansion of our product/service. Then, the competition, the same client, or “a spontaneous one” becomes aware of the opportunity and decides to copy us.

If we don’t have our trade name or trademark, we’re giving you the option to do it yourself, which would put us in a very criticalsituation.

Even if we could prove that we were the first to settle down, (something that would take a lot of time and money), we would not be sure that the brand could eventually be granted to us.

The world of brands is like this, “First come, first served”. Therefore, it is vital that we have our trademark registered before going on the market to avoid such conflicts.

When do I need to renew my trademark registration?

A trademark is valid for 10 years and you can renew it indefinitely every ten years Once you have your trademark,it becomes an intangible good with its corresponding market value and as such it is very important to protect it against potential competitors.

Do you need any more excuses to register and protect your brand?

Key 2: How should I call my brand? What name do I use?

The first thing to check is whether the mark you want to registeris already registered or not. To do this we recommend that you use our brand search and check it out.

In the event that you have already registered a similar mark, to avoid problems, we recommend adding more terms to apply for your trademark. If possible include an image or logo, to avoid problems with third parties that have identical or similar marks.

Key 3: Does my trademark incur any absolute ban?

What is an absolute ban? What do I need to consider so that my application is not rejected?

An absolute ban on trademark registration is one reason why the trademark registration office may reject our trademark application. Do not worry! in our FAQS you can find all the information.

For example: “#THINKMADRID”. This mark was initially denied by the OEPM because it was descriptive (think stherein Of Madrid) and devoid of distinctiveness, that is, that by itself it did not have enough qualities to be recognized as a brand. Based on different arguments it was admitted and recorded, but an additional effort had already been made to achieve this.

Or the brand “FACK JU GOHTE” for attacking public order and good customs, rejected directly.

Key 4: Do i register a national trade mark or a trade mark in the European Union?

This registration decision depends on the long-term operating strategy of our brand.

With the registration of a national mark we ensure that our trade mark is protected in Spain while, if we are thinking of expanding, we have to take into account that with the EU trademark application we can obtain its protection in the 28 Eu member countries.

Key 5: What products or services will I order?

Our recommendation is that you apply only for the products or services that you want to link to your brand activity

Why do we make this recommendation to you?

Because the more protection you want, the more likely a third party is to have a similar/equal mark and object to your trademark registration, which could lead to it not being granted.

If it helps, you can consult the post we recently published about the brand conflict “McDonald’s” vs ” McDreams Hotels” that deals with this matter specifically

Key 6: Brand Ownership

With regard to ownership, there are several possibilities. For example:

If you’re thinking about a business, it can be interesting to put your brand in the company’s name or you can also brand yourself.

Another possibility is that you are several partners, and in that case the brand can be in the name of several people, with one each.

Key 7: Who can register a trademark?

Any natural or legal person may register a mark. You may register personally or act through an Industrial Property Agent or duly authorized representative.

An essential requirement to register in a personal way is that the natural or legal person has an effective and serious domicile or industrial or commercial establishment in the European Economic Area. If this is not the case, you could only register your trademark through an Industrial Property Agent.

Key 8: Where to register a trademark?

Trademark registration can be applied for at the Spanish Patent and Trademark Office and at the Regional Industrial Property Information Centres of the various Autonomous Communities, by completing the respective forms.

You can also register a trademark through singular TM.

In singular TM you will be able to register the brand through your computer, the whole process is carried out telematically, with the support of our experts who will accompany you during registration through chat or phone.

We are the first brand registration portal, 100 online, so you don’t have to travel, fill out paper forms, or depend on office hours.

Here’s how to register your brand directly through our portal:

singular TM

And if you already have your trademark registered but want to renew it, you can do it here:

Brand renewal

We hope that these keys will help you design your registration strategy. If you still have any questions and want to contact us, do not stop contacting us:

  • Chat and phone 91 319 98 62: 8-17 hours from Monday to Thursday, and Friday from 8 to 15.
  • Contact form: at any time, and we will answer you as soon as we are available.



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