The importance of how to protect our trademark and how to do it

Clearly, in today’s fast-paced business environment, unfair competition lurks in every market space. For this reason, protecting our trademark has become a fundamental aspect of protecting the image of our products and services, as well as our organisation in general. Incidentally, we must not forget that any infringement of our trademark rights is equally detrimental to the profitability of our business. Protecting our trademark is more than a simple bureaucratic procedure; it is a strategic action that secures the identity and future of our company.

Reasons why we should protect our trademark

When we embark on the adventure of creating and consolidating a business, the trademark we develop becomes the hallmark that identifies us to the world. It is much more than a name or a logo; it is the promise of quality, reliability and uniqueness that we offer to our customers. However, this precious identity is constantly exposed to the risk of being usurped or misused if adequate measures are not taken to protect it. We will briefly explain the most relevant reasons that justify adequate trademark protection:

Trademark registration gives us recognition as rightful owners.

One of the most important advantages of protecting our trademark is the official recognition that due registration gives us as its legitimate owners. By registering our trademark, we are not only ensuring its exclusivity of use, but we are also obtaining the legal backing that gives us the right of ownership over it. This recognition is vital in case of legal disputes or infringement attempts by third parties.

It is common to fall into the trap of believing that simple commercial registration is enough to protect our trademark, but this is a mistake that can cost us dearly in the future. Trademark registration gives us much broader and stronger protection, providing us with the assurance that our business identity is properly safeguarded.

It is a shield against encroachment and confusion.

Indeed, if we fail to protect our trademark, we expose ourselves to a latent danger: the possibility of misuse by another competitor. Without the right register, our trademark is vulnerable to being copied or imitated by unscrupulous companies, which can create confusion in the marketplace and erode customer confidence.

Imagine investing time, effort and resources in building and promoting your trademark, only to discover that another business is taking advantage of your reputation and track record by using a similar name or logo. In fact, this would not only affect your profits, but also your reputation and the perceived quality of your trademark in the marketplace.

Registration entitles to continuous renewal.

Another critical aspect that justifies the effort to protect our trademark is the right to its indefinite renewal. By registering, we secure our exclusivity of use for an extended period of time, allowing us to build a strong and enduring identity over time. This continuous renewal – every ten years, in most legislations – gives us stability and continuity in a business environment characterised by constant change and evolution.

How can we protect our trademark?

Now that we understand the importance of protecting our trademark, the inevitable question arises: how can we do it effectively and without leaving any loose ends? While it is true that we emphasise the need to register our trademark, the process does not stop there. Here we file a practical guide to safeguard your business identity and avoid potential legal mishaps in the future.

Registering the trademark with the relevant bodies

First of all, and perhaps the most important step, you must officially register your trademark with the relevant intellectual property office. Depending on the needs and commercial scope of your company, there are several geographical scopes available:

    • National trademarks: If your business operates mainly at a national level, registration at the Spanish Patent and Trademark Office (SPTO) is the appropriate procedure.
    • European Union Trademarks: For those with ambitions to expand within the European Union, registering a European trademark through the European Union Intellectual Property Office (EUIPO) offers broad and uniform protection across all member states.
    • International trademarks: If you plan to expand globally, you should consider registering an international trademark to ensure protection in multiple countries. The Madrid System offers an efficient and cost-effective solution to protect our trademark and manage it globally. With a single international trademark registration application and payment of a single set of fees, we can apply for protection in up to 130 countries. This centralised system allows you to easily and effectively amend, renew or extend your trademark portfolio globally.

Once registration is complete, you are legally protected against attempts to counterfeit or copy your trademark.

Pre-feasibility study

Before starting the registration process, it is essential to carry out an exhaustive feasibility study to assess the potential impact of your trademark and detect possible similarities with competing trademarks. Both the SPTO and the EUIPO, and even specialised trademark registration agencies – such as ISERN– can provide you with expert advice on this matter. Identifying and addressing any potential conflicts early on will save you time and resources in the future.

Sequence of registration procedures to protect our trademark

The trademark registration process follows a standard sequence of steps, which varies slightly from country to country or office to office. Generally speaking, however, the process of registering a trademark consists of the following steps:

    • Application: Complete and file the trademark registration application form, attaching the required documentation and paying the appropriate fees. Be sure to provide a clear representation of your trademark and a detailed list of associated goods or services.
    • Examination: The office in charge will examine your application for compliance with the established administrative and legal requirements. This may include checking for possible conflicts with existing trademarks.
    • Publication: Once the examination is successful, your trademark will be published in an official gazette to notify trademark owners in general.
    • Opposition: There will be a period during which third parties may file objections to the registration of your trademark. The office will evaluate the objections and make a decision based on the evidence filed. If the decision is negative, you can appeal.
    • Registration: Finally, if no valid objections are filed, your trademark will be officially registered and a certificate of registration and grant of trademark will be issued. This certificate will be valid for an initial period of 10 years, renewable for equal periods of 10 years indefinitely upon payment of the corresponding fees.

Other key actions to protect our trademark

In addition to the above registration options, there are other important actions to consider in order to strengthen the protection of your trademark:

  • Web domain protection: Registering the web domain corresponding to your trademark is essential to prevent it from being exposed and to maintain a consistent online identity. Protecting your web domain is a key step in ensuring the integrity and visibility of your trademark in the digital world.
  • Take legal action: If you discover that a third party is misusing your trademark or trade dress, it is essential to take legal action to protect your rights. With the support of competent bodies and agencies specialised in trademarks and patents, such as ISERN, you can take effective legal action and guarantee the defence of your trademark and your business. In this regard, we recommend you read our article on product counterfeiting.

At ISERN we are specialists in the registration and protection of trademarks and patents.

As you can see, protecting our trademark is not just a precautionary measure, but a strategic investment in the identity and future of our business. It is the shield that protects us from the onslaught of competition and gives us the security and confidence we need to thrive in an increasingly demanding and competitive market. At ISERN we have 100 years of experience in the registration and protection of trademarks, patents, intellectual and industrial property and designations of origin. We handle the entire registration process and monitor possible infringements by third parties in order to take legal action. We act nationally and internationally, contact us!

If you have any questions about the importance of protecting your trademark, please contact us without compromise.

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