Trademark Registration

One of the most important things we think about when creating our own company is 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.

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 to prevent others from using them in Spain in relation to similar products or services.

The trademark allows businessmen 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 field, giving it legal rights and obligations. We must be clear about the difference and should not confuse the different terms. It is a common mistake when starting these processes.

To differentiate from competitors

In the current commercial traffic it is imperative for companies to use the registration of trademarks. Only in this way will they be able to distinguish the products and services they are marketing from those of their competitors.

The purpose of trademark registration is to get closer to the consumer and to enhance the value of the company in relation to its competitors in order to avoid confusion in the market.

Thus, a trademark, logo or a certain corporate image are intangible assets that are part of the patrimony and business value of a company. Therefore, these intangible assets must be protected against third parties in order to grant an exclusive right of use to its owner that allows him to distinguish his products or services through the registration of trademarks.

At Letslaw by RSM we are lawyers specialized in trademark law and we advise our clients on everything related to the trademark registration process, i.e., registering the exclusive right of use. Offering advice before the registration of your trademark with trademark feasibility reports, during and after.

Having the capacity, equipment and skills necessary to proceed with the registration of trademarks at national level before the Spanish Patent and Trademark Office (OEPM). As well as the registration in the European Union through the European Intellectual Property Office (EUIPO) and international trademark through the International Intellectual Property Organization (WIPO).

We can register trademarks at national, European and international level and depending on that each level has a different process and deadlines.

Letslaw by RSM offers the following services related to trademark registration:

• Previous study and research on the possibility of registering a trademark and what type of registration is the most convenient in each case. As well as, also proceed to the search of antecedents to detect other registrations that could be similar. Those that, therefore, could prevent or delay the registration of the trademark.
• Trademark registration application before OEPM, EUIPO and WIPO. As well as the realization of all the pertinent actions to obtain its acceptance.
• Preparation of documentation. Writing and formal and substantive examination of the documents.
• Trademark publication process.
• Follow-up and examination that there is no legal impediment. Also that no opposition to the trademark has been filed by third parties.
• Preparation and filling of appeals before the competent authority in case of partial granting or refusal of the application for registration of the trademark.
• Renewal of the registration after 10 years have elapsed from the date of the initial application by paying the trademark application fee. In this sense, the deadlines to proceed with such renewal are monitored.

Both the trademark application and the trademark registration grant the holder the right to access legal protection or to request the seizure of counterfeit goods.

For more information on trademark registration in Spain, Europe or at an interantional level, please contact us.