The Value of The Legal Protection Of Trademarks

The brand is the intangible asset par excellence of companies, capable of creating a unique connection between the company and different audiences. It is the identification of the goods or services and the distinction of the firm against its competitors.

In Spain, as in most countries, the mere use of a trademark does not imply the acquisition of a right over it. To be able to acquire the exclusive right over a trademark, it is necessary to register it in the offices of competent national or supranational trademarks. In this way, the company has the exclusive right to prevent third parties from identical marketing or similar products using a similar brand that may create confusion. In addition, its registration reduces the risk of legal actions by third parties against the use of the brand.

The dilemma that arises when registering a trademark is essential, since this decision will determine the way in which its use will be used in the market and the level of protection it will benefit from when taking action against trademarks. Similar or confusing. For this, it is advisable to consider and study the modalities that can be registered and determine the best modality for each specific case.

In reference to the national trademark, OEPM, for its exclusive use in the Spanish economic traffic for a period of ten years, renewable indefinitely. The obligation of the holder of a national trademark is the use of said trademark, to avoid its expiry due to lack of use, as well as to renew the trademark if it intends to continue using it.

Likewise, the mark of the European Union is that mark that once granted, after a single administrative procedure before the Intellectual Property Office of the European Union, EUIPO, and with the payment of a same rate, allows the holder its exclusive and exclusive use for the entire territory of the European Union. The registration of the trademark protects, for a term of ten years renewable indefinitely, the rights of the owner for the exclusive marketing of the trademark. As in the national trademark, the obligation of the owner, to avoid expiration, is the use of said trademark.

Finally, that company whose business presence is international, in countries beyond the community, has two options to protect their products or services in those countries. The first option is to request from the Registry Office of each country, the protection of products or services, through the national brand of that country. While, the second option is to request an international trademark if the country or countries in which you are interested are part of the so-called Madrid System. This registry is not valid anywhere in the world, but only in the countries integrated in the Madrid System, which are currently one hundred and fifteen countries. As in the rest of the brands, the international brand is registered for a period of ten years with the possibility of indefinite renewal.

In this way, and thanks to brand registration, the entrepreneur is the only one capable of capturing, conquering and consolidating a clientele as well as of establishing a link between the brand and the products or services it offers in order to differentiate itself from its competitors. .

For its part, the consumer can avoid confusion of products and services and be able to relate them to a brand to be able to assign other goods, from the same company or company, an origin and a similar quality.

Finally, the brand serves the general interest of the system, so much so that it is a fundamental element of the competition and, ultimately, of the operation of the market.

Do you want to register your brand? Discover how to do it here.