A company’s visual identity – its name, logo and other graphic elements – is its calling card to the public. Protecting it legally is essential to maintain exclusivity and prevent copies or imitations. Registering your trademark safeguards one of your business’s most important assets, ensuring that the name, logo and all visual elements of your brand belong exclusively to you, preventing plagiarism, imitations or legal disputes. In this article we explain how to protect your company’s visual identity through legal mechanisms, with a practical and accessible approach.
Importance of registering your trademark and logo
Registering your trademark (including the trade name and logo) is the first step towards protecting the visual identity of your business. A registered trademark grants its owner the exclusive right to use it in the market and prevent third parties from using an identical or similar one that could cause confusion. In other words, registration gives you exclusivity over the use of your name and corporate image, protecting them against misappropriation. Furthermore, having a registered and protected trademark brings credibility to your company and legal security for its growth, as you will be able to expand without fear of others copying your branding.
Failing to register your trademark leaves you in a vulnerable position. If another party registers a name or logo identical (or very similar) to yours first, they could prevent you from continuing to use it in your own business. In fact, cases have arisen where someone copies a trademark, registers it and then demands that the original entrepreneur stop using it for not having registered it themselves. This would be an unjust but possible scenario if you do not protect your visual identity in time. This is why registration with the intellectual property office (OEPM in Spain, EUIPO at European level, etc.) is indispensable. Only with a duly registered trademark will you be able to claim any unauthorised use; discovering someone exploiting your identity is of no use if you have not previously registered it with the OEPM or EUIPO.
In summary, registering your trademark (name and logo) secures its exclusivity in the market, allows you to take legal action against copies, and prevents third parties from misappropriating your corporate identity. It is an indispensable legal investment to protect the visual identity and branding of your brand.
Word, figurative and composite marks: which do you need?
When registering your visual identity, it is important to understand the types of trademarks available and their differences:
- Word mark: protects only the verbal element of the trademark, that is, the name or text without any graphic design. These are marks formed solely by words, letters or numbers. For example, a word mark would be registering your company name in a standard typeface, without an attached logo.
- Figurative mark (graphic mark): protects a specific graphic element or logo, without including text. It is the visual representation (symbol, image, design) that identifies the company or product. A classic example of a figurative mark is Apple’s apple symbol (without the word “Apple”).
- Combined mark: combines word and figurative elements, that is, it integrates name + logo in a single registration. For example, your company name styled within your logo design would constitute a combined mark. This type of mark protects the joint combination of text and image.
Different scopes
All these types of marks offer legal protection, but their scope varies. Many companies choose to register both the word mark (name) and the figurative mark (logo) separately, in addition to the combined mark, to obtain individual protection for each element. Registering a combined mark covers the combination, but does not always protect the name or logo separately. By contrast, registering the name and logo each as an independent mark ensures exclusive rights over each component of your visual identity. For example, you may register only the name, only the logo or both together; for legal certainty, it is in fact recommended to protect both separately.
Which option should you choose to protect your brand’s visual identity? Ideally, protect all relevant variants: the company/product name (as a word mark or even as a trade name) and the logo (as a figurative mark), so that you can then use them together with peace of mind. In this way, your name is protected even if you change the logo design, and vice versa. Having these bases covered gives you broader protection against infringements.
Visual elements you can legally protect
Visual identity encompasses several elements, many of which are eligible for legal protection through different forms of intellectual property. The main components worth registering or safeguarding are:
Protecting visual identity: the brand or product name
It is protected by registering it as a word mark. This covers the trade name of your company or the name of your product/service as written, regardless of its design. By registering the name you obtain exclusive rights over that denomination in your sector, preventing others from using it commercially. Note: in Spain there is also the concept of the trade name, which identifies the company as such. The trade name is the name under which a company presents itself in the market, distinct from its registered company name, and can also be registered with the OEPM.
The protection of a trade name is practically identical to that of a registered trademark (the same 10-year term, renewable, and exclusive right of use within its scope). For example, “Coca-Cola” is the trade name under which The Coca-Cola Company operates. Registering your trade name, if it differs from your product trademarks, adds an extra layer of protection to your company’s identity.
The logo or graphic symbol to protect visual identity
It is protected by registering it as a figurative mark (also called a graphic mark or logo mark). By registering your logo as a trademark with the OEPM, you become the owner of the exclusive rights over that design. This allows you to prohibit third parties from using similar symbols or images for similar products/services that could create confusion with your company. Registering the logo legally secures your “brand image”, so that no one can copy or imitate your corporate graphic design (whether an icon, isotype, imagotype, etc.). It is worth noting that you may register the logo in colour or in black and white; registering the most widely used version will give you greater protection. Once registered, you will be able to use the ® registered trademark symbol alongside your logo to signal its protection.
Combined mark (name + logo together)
Although already mentioned, it is worth reiterating that the combined registration of the name with the logo design in a single combined mark is also possible to protect visual identity. This protects the composition exactly as it is presented to the public. It is particularly useful for protecting, for example, a logo with the name integrated into a specific design (think of brands where the name appears within the logo design). Important: the combined mark does not replace the two previous types individually; it is complementary. In many cases, the best strategy is double or triple protection: word mark, figurative mark and combined mark, covering every aspect of your visual identity. This ensures that both the name alone and the logo alone, as well as the combination of both, are protected from every angle.
Company trade name and how to protect visual identity
As noted, in Spain you may register the trade name of your company, which protects the denomination under which you present yourself in commercial dealings. In practice, registering a trade name has a similar effect to registering the company’s word mark, the difference lying in focus (company vs products). Not all countries distinguish between a trademark and a trade name, but in Spain this legal distinction does exist. If your trade name coincides with your trademark, registering the trademark is sometimes sufficient; but if not, it is advisable to protect both. As with trademarks, trade name registration lasts 10 years and is renewable.
Designs and other distinctive graphic elements
Your visual identity may include unique elements beyond the name and logo, such as a distinctive packaging, product shape, identifying corporate colours, original typefaces, etc. Some of these elements can also be legally protected. They form part of the tools available to protect visual identity:
Shapes and packaging
If the design of packaging or the shape of a product is highly original and distinctive of your brand (for example, the shape of the Coca-Cola bottle), you may protect it through a three-dimensional trademark (a type of trademark that registers the 3D shape as a distinctive sign) or through a registered design. A registered design protects the novel appearance of a product (for a defined period), while a three-dimensional trademark grants exclusivity over that shape in the commercial context of specific products.
Corporate colours
In certain exceptional cases, a colour or combination of colours may be registered as a trademark if it can be demonstrated that the public associates it exclusively with your company. Well-known examples include the turquoise blue of Tiffany & Co. or the red sole of Louboutin shoes, which have become distinctive signs of those brands. However, registering a colour is not straightforward; it requires proving that the colour has acquired distinctiveness (that is, that consumers identify that colour with your brand and not with another). Even so, it is useful to know that elements such as colours, sounds or even graphic mascots can, under certain conditions, be protected as non-traditional trademarks.
Copyright
Although not strictly a trademark registration, bear in mind that the original graphic design of your logo or other creative elements is also protected by copyright from the moment of its creation. Registering your logo with the Intellectual Property Registry (copyright) can serve as proof of authorship and date, but does not replace trademark registration. Copyright protects the work itself (preventing others from reproducing it without permission), while a trademark protects its commercial use as an exclusive identifier. The ideal approach for a logo is to have both protections in place: register it as a trademark (for commercial purposes) and retain evidence of its creation (copyright protection).
In short, almost any visual element that distinguishes your company can and should be assessed for legal protection. Prioritise registering your name and logo, then consider other visual assets (tagline, packaging, colours, typefaces) that are central to your brand identity. A comprehensive approach will allow you to shield your branding against copies.
Protecting visual identity: how to respond to misuse or copying of your branding
If, despite all precautions, you discover that someone is making unauthorised use of your trademark, logo or visual identity, it is essential to act swiftly by following clear steps. First, ensure that you hold valid legal rights (that is, that your trademark is registered) in order to make a claim. Remember: protecting your trademark is an indispensable requirement to demand that third parties cease unauthorised use. Once you have confirmed that your registration is in force, follow this two-stage action protocol:
Amicable contact (cease and desist)
Contact the infringing party through a formal and courteous notice, for example by burofax or certified letter. In that notification you must inform them of your rights (that your trademark/logo is registered) and demand that they cease the infringing use immediately. In many cases, a firm warning is sufficient to resolve the matter, particularly if the infringer was unaware of the existence of your registered trademark. Maintain a professional yet firm tone, indicating potential legal action if the activity does not cease. This amicable step can save time and litigation costs, so it is advisable to try it first.
Legal action
If the infringer ignores your notice or refuses to stop using your visual identity, there is no alternative but to take the matter to court. As the trademark owner, you may bring an action for trademark infringement. In the context of legal proceedings, you may seek measures such as: the immediate cessation of use of the trademark/logo by the infringer (by way of preliminary injunctions if urgent), the withdrawal from the market of products bearing the misappropriated mark, and compensation for damages suffered. Courts, upon finding infringement, may order a prohibition on use and financial compensation to the legitimate owner. In serious cases of intentional misappropriation or counterfeiting, criminal proceedings may also be explored. The important thing is to act decisively to stop the unauthorised use as soon as possible.
When taking these actions, bear in mind a key factor: legal time limits. The Spanish Trademark Act establishes a 5-year period to bring judicial claims from the moment the owner becomes aware of the unlawful use of the trademark. If you allow too much time to pass by tolerating the infringement, you may lose the right to act. Therefore, at the first sign of copying or unauthorised use of your visual identity, do not delay your response. Acting swiftly not only protects your trademark, but also demonstrates diligence and resolve towards the infringer.
Alongside judicial action, it is also advisable to rely on other measures where applicable: for example, requesting that digital platforms remove infringing content (on websites, social media and marketplaces it is possible to report registered trademark violations), or filing an opposition if the third party attempts to register a mark similar to yours. Each case is unique, so seek advice from intellectual property specialists to devise the best defence strategy.
Recommendations for keeping your trademark protection in force
Registering your trademark is just the beginning; the legal protection of your visual identity must be maintained over time. Trademarks require a degree of attention to ensure that the rights remain in force and effective. Here are some key recommendations to preserve and reinforce the legal protection of your branding:
Periodic renewal
Registered trademarks (and trade names) are valid for 10 years, counted from the filing date, and may be renewed indefinitely for equal periods. It is essential to make a note of the expiry date of your registration and to process the renewal within the deadline (in Spain, this can be done from 6 months before expiry). If you do not renew in time, the trademark will lapse. Plan your renewal well in advance each decade, and use the opportunity to review whether you need to make adjustments to your protection (for example, adding classes of goods/services if your business has evolved). Keeping your registration up to date (by paying renewal fees and submitting the corresponding application) ensures that you retain the legal title over your visual identity.
Consistent use of the trademark to protect visual identity
Registration alone is not enough; the trademark must be used in actual commerce. Trademark legislation provides for revocation for non-use: if a registered trademark is not genuinely and effectively used for 5 consecutive years, a third party may apply to have that registration cancelled. To avoid this, make sure you use your trademark as registered on your products, services, advertising, website, social media, etc. You will not only maintain the connection with your customers, but also preserve your legal rights. In the event of facing cancellation proceedings, you will need to demonstrate with evidence that you have used the trademark (invoices, advertisements, product labelling, posts, etc.).
It is therefore good practice to document the use you make of your trademark/logo (archive examples of packaging, campaigns, media presence) in each 5-year period, in case you ever need to prove such use. In short, do not “file away” your trademark; use it and keep it visible, or you risk losing it.
Trademark monitoring and active defence
The competitive landscape is dynamic, and new marks appear constantly. To keep your protection effective, carry out periodic monitoring: track publications of new trademark applications (in official gazettes) to detect attempts to register names or logos similar to yours. A trademark watching service can alert you to potential conflicts. If someone attempts to register something resembling your trademark, file an opposition during the registration process of that third-party mark to prevent it from proceeding. Similarly, remain alert to unauthorised uses in the market (for example, competitors using a similar logo) in order to take early action. Defending your visual identity is an ongoing task: register, but also monitor and act when necessary.
Branding consistency and updates to protect visual identity
It is advisable to have a corporate identity manual that establishes the guidelines for the use of your trademark and logo (colours, proportions, permitted arrangements, etc.). This is not a legal requirement, but it helps ensure that your mark is used correctly and consistently, which reinforces its distinctiveness. Moreover, if you ever need to demonstrate what your official visual identity looks like, that manual serves as supporting evidence.
On the other hand, if you undertake a logo redesign or change your brand name, remember to register the new version. A significant change to the logo may mean that the existing registration no longer covers the new design, so update your protection by registering the new logo (without cancelling the previous one, as it may remain protected as long as it is still in use). Equally, if you expand your business to new countries or regions or launch new products, file registrations in those territories or for additional classes so that your trademark is protected in all relevant areas.
Ongoing professional advice
Trademark law can change: legal updates, new guidelines, etc., and each branding decision (new taglines, sub-brands, collaborations) may have legal implications. It is advisable to maintain contact with your intellectual property agent or advisor for periodic reviews of your trademark portfolio. They will be able to inform you of legal developments such as legislative reforms, new criteria from trademark offices that may affect you, and suggest improvements to your protection strategy. Having professional support gives you the peace of mind of knowing that nothing slips through the cracks when it comes to safeguarding your corporate identity.
In summary, protecting your visual identity is a long-term commitment. Renewing promptly, using your trademark and logo effectively, monitoring your environment and adapting your strategy as your business evolves are all good practices to ensure that your registered trademark remains a strong and defensible asset. With this ongoing care, you will preserve that registered trademark status year after year, avoiding unwelcome surprises.
Trust experts to protect your brand’s visual identity
Legally protecting your trademark and logo can be a complex process, but you do not have to do it alone. At ISERN Patents and Trademarks, a firm specialising in intellectual property, we have been providing effective solutions in trademark registration, monitoring and enforcement at national and international level for nearly a century. Our highly specialised legal team will advise you throughout the entire process: from prior art searches and the filing of your trademark or trade name application, to subsequent monitoring and, if necessary, enforcement against infringements. Send us your questions or requirements and start protecting your visual identity today.