Registration of logos and trademarks: Procedural guide for their due registration

Registration of logos and trademarks: Procedural guide for their due registration

One of the most important things we think about when creating our own company is the registration of logos and trademarks. That is to say, the name we will use, how it will work… In order to carry out all this one of the essential steps is the registration of the name that we are going to give to our project.

We must be clear about the difference, and we must not confuse the different terms of trademark and trade name. It is a common mistake when starting these processes.

The trademark and the trade name are distinctive signs that are legally protected to grant their owner the exclusive right to use them in the market and prevent others from using them in Spain in relation to similar products or services. The trademark allows entrepreneurs to differentiate their products or services from those of their competitors.

On the other hand, the trade name is the denomination that identifies a company in the commercial field and distinguishes it from other companies offering similar activities. In addition, the corporate name is the name that identifies a legal entity in the commercial sphere, giving it legal rights and obligations

The Trademark with its respective Logos is an extremely important element at the time of marketing the products and/or services that individuals or legal entities wish to offer. It is what will help the general public to identify such products and/or services by giving them their unique and exclusive distinctive sign.
A Trademark, as time goes by, will acquire values such as quality, reliability, security, recognition and guarantee of acquisition of a series of benefits in relation to the products and/or services offered by the owner of the same. It has a key intangible value and, in some occasions, it is the most valuable thing that companies have

The registration of trademarks with their respective logos is very important, since the owner of the trademark will be able to have the proof of being the one who has developed and created it. Therefore, he will obtain certain faculties related to the exercise of the legal protection of the same.

As well as access to its absolute power of use, having the power to limit and/or restrict its use by third parties

Advantages of having a duly registered trademark 

By having a duly registered Trademark, the holder thereof acquires certain advantages and/or powers over it. One of the most important of these advantages is the right to prevent any individual and/or legal entity from using a trademark identical or confusingly similar to the registered Trademark.

By having the powers that the registration of the Trademark gives to the holder, the latter will enjoy absolute power of use and distribution of the same. That is to say, the Trademark as such will begin to acquire its own identity in a completely distinctive manner.

From Letslaw we recommend that the Trademarks of the Companies and/or Enterprises of any person be registered under the management of a specialist in the matter.

Trademark attorneys will be able to provide effective advice on the appropriate classes to be registered (according to the area in question), an adequate management of the procedures related to the registration.

As well as to carry out the effective surveillance of the same (for the case in which oppositions may be filed against applications for identical or similar trademarks by third parties) by virtue of the effective exercise by the holder of the right on the limitation of use of the same by third parts.

Where to proceed with the proper trademark registration?

1. The Spanish Patent and Trademark Office: It is an Autonomous organism of the General Administration of the State of Spain that grants legal protection to the different modalities, among them, Trademarks and commercial names (distinctive signs).
2. The European Union Intellectual Property Office: It is the multi-class office of Intellectual Property of the European Union (EU) in charge of managing the rights of trademarks, models and designs of the EU, among others, which protects the Trademarks registered in the whole territory of the EU.

In order to move forward with the effective registration of the Trademark with its respective logo there are different steps to follow; You can register a trademark in person or online. In person we would fill in the application form and we would file it at the OEPM or at the Regional Industrial Property Information Centers.

1. Through the Checklist, verify that it is convenient to register the desired Trademark to be registered in particular.
2. Search for the availability of the Trademark to be registered.
3. Define the classes in which it is considered appropriate to register the Trademark.
4. Provide the data and/or documentation required from the Company that requires to register the Trademark.
5. Pay the fees and payments corresponding to the registration
6. File the application and once the opposition period is over (by other Trademarks already registered, which may have the interest to oppose the registration request), wait for the effective publication of the Trademark.
7. Obtain the delivery of the corresponding trademark title(s)

What types of trademarks can I register

The registration of a Spanish trademark is effective in the whole territory of Spain. There are different types of trademarks that can be filed in Spain: the most classic ones would be:

• Word marks are those that identify a product or service through a name. They can be formed by letters, numbers or several words, and can include orthographic signs. Some examples of word marks are NIKE, ZARA and LEVI’S, which consist of logos formed by letters in a single color and typography.
• Figurative marks combine visual elements, such as images, figures or drawings, with letters, words or numbers. They are a mixture of nominative (using only words) and innominate (based only on images) marks. An example of a mixed trademark is Sanborns or Lacoste, where a representative text is combined with an image or drawing, which gives them a unique and distinctive meaning. This combination facilitates the differentiation of these brands from other similar brands in the market
  

Other types of trademarks

1. Sound mark, which consists of the right of protection granted to a melody, a sound or other type of sound effect. An example of this type would be the melody of Mercadona in its supermarkets.
2. Trademark of Form, which consists of the peculiar outward appearance, format, or make of an image. As an example, we find the apple symbol to identify the Apple brand.
3. Position Mark, which consists of the specific way in which the mark is placed or appears on the product.
4. Pattern Mark, which consists exclusively of a set of elements that are repeated periodically.
5. Olfactory Mark, which consists of the particular formula that is under a flagrance or odor. For example, the characteristic smell of Abercrombie & Fitch clothing stores.
6. Motion Mark, which consists of or includes a movement or a change in the position of the elements of a mark.
7. Color, which consists of the color itself characteristic for a category of goods or services. An example of this type of mark would be the color of Coca Cola which would be red or Twitter which would be blue
8. Multimedia, which consists of or includes a combination of images and sound.
9. Hologram, a new category of branding (as of October 1, 2017). Hologram marks are composed of elements with holographic features.

How much does it cost?

Generally, the basic fees to be paid by the applicant to register its Trademark range between 850 and 1000 EUROS. While for the registration of the same Trademark in a second class, an additional cost of 50 Euros will be added to that amount, and for three or more classes, around 150 EUROS will be added for each one.

At Letslaw by RSM, our team of experts, have a wide experience in the trademark registration area. Do not hesitate to contact us.