Registration of TradeMarks (Distinctive Signs)

Registration of TradeMarks (Distinctive Signs)

Trademark Registration in Spain

TradeMark Registration

Register a trademark

A trademark is a recognizable sign by the consumer, a design or expression that serves to distinguish goods or services of a particular trader from those of other traders. Trademark registration and the rights conferred are territorial, meaning that they must be registered on a country by country basis. Therefore, you need to choose where you would like to register your trademark; commonly this should be in the countries where you intend to use it.

Registering a trademark for your product or business is a must, regardless of the size and scope of your company, being a valuable asset that will ensure protection of your brand, being a connection in the public mind between the provider and the goods and services provided, a marketing tool that will serve to let your customers recognize your products and services as well as their quality, to protect and differentiate them from those of your competitors, adding value to what you are doing in the marketplace you are operating in. It is the most effective protection against infringement and unfair competition, considering that a successful brand will inevitably attract competitors.

How Abecsa Can Help You

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Main points About Trademarks

What Trademarks Can Be Registered?

Any sign capable of being represented graphically, in particular words, names, including personal names, designs, letters, numerals, the shape of goods, their packaging (they may consist of two-dimensional or three-dimensional elements), slogans, sounds, solely or in combination, as long as it is distinctive for the goods and services you sell or provide and sufficiently far from other registered trademarks for the same goods or services. Besides the protection of individual marks, many countries of our jurisdictions may allow registration of collective and certification marks

Collective Marks. For signs which may distinguish products as geographical indications or origin, material, mode of manufacture or other common characteristics and quality of goods or services of different enterprises that use the collective mark. The owners can be associations, public institutions or cooperatives. These applications must go along with the regulations that rule the use, by which the defined membership standards and use by SMEs of the collective mark must be met.

Certification Marks. For signs which guarantee that the products involved comply with the required quality standards. These are not restricted to any membership. These are to be owned and certified by a competent entity or organization, who may inform the consumers that the product has been validly checked and complies with the necessary requirements.

Suggestions for Choosing the Ideal Brand Name

We can help you determine if the name you have devised and adopted for your trademark is likely to pass the examination process, avoid a possible third-party opposition or official objections and desirably get registered straightforward, but also taking care that all the relevant aspects are covered for the intended trademark protection. Not all names can be trademarked. You should choose a “unique” name, the shorter the better and easier to be recalled, be sure it is yours only, preferably if it is not a real word. Although some allusive words may be accepted, you must avoid names that describe the character or quality of goods or services to be trademarked or any common terms which other traders can legitimately use in the conduct of their business. If you find other potential conflicting brands or businesses using the same name, try choosing a different name, which you must create especially for the products or services you will offer.

Classification of Goods and Services

A trademark must specify the goods and services on which the mark is used or proposed to be used in the near future. All goods and services fall into 45 categories or classes of the Nice Classification.

Validity

Spanish, International Trademark Registrations and European Union Trade Marks last forever if maintained by payment of renewal fees, extending their validity for subsequent ten year periods.

Unregistered Marks

Whenever an unregistered mark has been used in goodwill prior to when the plaintiff’s mark was filed, it may be determined, if sufficiently proven, that both could coexist in the marketplace, even if they are very similar. However, it is preferable to register your trademark or trade name, because without registration it can be very difficult to protect and to prevent others from using your mark. Although trademark rights derive from both use and registration, it will be significantly easier to bring legal action against third party’s infringements or unfair competition acts if your trademark is duly registered and in force.

Registered Trademark

Once your trademark has been registered you can then use the ® or ™ symbols (this is usually placed on the top right of the trademark) on all your business’s marketing material, confirming the trademark is registered and act as a warning to any unfair competitors seeking to copy or imitate your mark.

Contact Us

via our contact form if you need advice on any trademark issues such as:

  • Registering your brand in Spain, Europe or in multiple countries, or looking for the associated trademark searching and trademark watching services.
  • Opposing a Spanish or European Union trade mark applied for registration by others.
  • Defending your challenged Spanish, European Union trade mark or IR designating Spain or the EU, from oppositions, appeals or cancellation actions.
  • Taking legal action against another person or company who is infringing your trademark right in Spain or in Europe.
  • Renewing your trademark for another ten-year-period.
  • Licensing the use of your trademark or selling your portfolio ensuring the recordal of assignment of some or all the trademarks to the buyer.

 

Confidentiality

It would be advisable that you do not disclose your trademark protection plans to avoid others registering it before you. However, you can safely discuss them with us, because as registered trademark and patent attorneys and lawyers, any information you disclose to us is legally privileged and confidential, using it strictly for the purpose or needed service we are instructed to handle in your name.