En UR Global realizamos procesos de registros de marca para empresas en España, Brasil, México, Colombia, Perú, Chile y Portugal dentro de nuestros servicios de asesoría jurídica y fiscal.
At UR Global we carry out trademark registration processes for companies in Spain, Brazil, Mexico, Colombia, Peru, Chile and Portugal as part of our tax legal advice services.
What is a trademark?
A trademark is a sign through which products or services can be distinguished from others that are similar or of the same kind. Based on this definition, the importance of the trademark in commercial space becomes clear, since the public and consumers will know and differentiate the quality of that product or service through the trademark that designates it.
The trademark, which is an intangible asset of individuals and legal entities, has an inestimable value in many cases by far exceeding the product or service that is offered. In addition, it transmits confidence and guarantees that consumers will remember and choose your trademark over others.
What are the risks of not registering a trademark?
There are trademarks with a worldwide reputation that generate empathy and quality assurance, but it is necessary to reiterate that this is not a process exclusive to large brands. SMEs, start-ups and even individuals must have their trademarks registered.
The risk of not owning that trademark is that it starts to be used by another company, person or enterprise. Consequently, it may entail risks that we may not be aware of. Among them, it is worth underlining the following:
- Loss of investments made to date to make your brand known
- Loss of reputation and positioning achieved
- Problems and difficulties for sales
- Economic and criminal risk due to ignorance of the use of a third party’s trademark
To avoid these risks, if you are working on a project or incorporation of a society, it is advisable to first register your trademark. At UR Global, we offer this service which is part of the different needs related to tax legal advice provided by professionals with a long track record of experience.
Why UR Global to register your trademark?
At UR Global we have legal teams specialized in trademark registration in Spain, Brazil, Mexico, Colombia, Peru, Chile and Portugal. In a consultancy meeting, our staff explains first-hand the importance of trademark registration in each country where we operate. Whether with a subsidiary or simply exporting a product or service to avoid risks with a local competitor.
Trademark registration grants the right to exclusive use in a national territory, normally for a period of 10 years, extendable in most countries. This allows you to take legal action against third parties for misuse of your trademark, and to facilitate the granting of licenses of use or franchises.
Finally, it is important to emphasize that trademarks have territorial validity, which is why it is highly advisable to request tax legal advice for trademark registration in each country where it is desired to protect it.
Frequently asked questions regarding trademark registration
At UR Global, as a result of the experience after having internationaled hundreds of companies and as experts in tax legal advice, we recommend registering the trademark before starting activities in a country.
First of all, verifying the availability of the trademark and then executing the trademark registration itself to avoid risks and subsequent unwanted surprises.
Trademark registration is not only advisable for those product or service companies that have subsidiaries around the world, but also for exporting companies. They run the risk of allowing the importer or distributor of that product to register the trademark. But the importer does it in his or her own name, and that is where the problems will arise.
The following signs, among others, may constitute trademarks:
- The words or combinations of words
- Images, figures, symbols, graphics, logotypes, monograms, portraits, labels, emblems and coats or arms
- Sounds and smells
- Letters and numbers
- A color delimited by a shape, or a combination of colors
- The shape of your products, containers or packaging
On many occasions, it is difficult to differentiate between trademark registration and patent registration. Simplifying, the following applies:
- Patents are intended to encourage innovation, and their registration grants a monopoly regime to the one who creates that invention and, subsequently, develops it.
- The trademark, as already mentioned above, focuses on the registration of a sign or element granting a monopoly and thus allowing to distinguish products and services in the market.