Trademark registrations

Q: What is the difference between trademark and patent registration?

In many occasions, it is difficult to differentiate between the registration of a trademark and the registration of a patent . Simplifying: The purpose of patents is to encourage innovation, and their registration grants a monopoly regime to the person who creates the invention and subsequently develops it. The trademark , as we have already mentioned, focuses on the registration of a sign or element granting a monopoly and thus allowing to distinguish products and services in the market.

At UR Global we perform trademark registration processes for companies in Spain, Brazil, Mexico, Colombia, Ecuador, Peru, Chile and Portugal as part of our legal and tax advisory services.

What is a brand?

A trademark is understood as that sign through which goods or services can be distinguished from others similar or of the same kind. In this sense, it is possible to glimpse the importance of the brand in the commercial field, since the public and consumers will know and differentiate the quality of that product or service through the brand that designates them.

The brand, being an intangible asset of individuals and legal entities, has an incalculable value, which in many cases far exceeds the product or service that is offered. In addition, it conveys confidence and assurance that consumers will remember and choose your brand over others.

What are the risks of not registering a trademark?

There are brands 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 also have their trademarks registered.

The risk of not owning that trademark is that it starts to be used by another company, person or enterprise. So it can bring risks that we may not be aware of. These include the following:

Loss of investments made to date to raise awareness of your brand.
Loss of reputation and positioning achieved.
Problems and difficulties in selling a business.
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 company, it is advisable to first register your trademark. At UR Global, we offer this service, which is part of the different needs of tax legal advice from professionals with a long experience.

Why UR Global to register your trademark?

At UR Global we have legal teams specialized in trademark registration in Spain, Brazil, Mexico, Colombia, Ecuador, Peru, Chile and Portugal. In a business consultancy, our staff knows first hand the importance of trademark registration in each country where you are active. Either with a subsidiary or simply exporting our product or service to avoid risks with a local competitor.

Trademark registration grants the right to exclusive use in national territory, normally for a period of 10 years, extendable in most countries. This allows the company to take legal action against third parties for misuse of its trademark, and facilitates the granting of licenses or franchises.

Finally, it is important to emphasize that trademarks have territorial validity, which is why it is highly advisable to seek legal tax advice for trademark registration in each country in which you wish to protect it.

Frequently asked questions about trademark registration

When is it advisable to register a trademark?

At UR Global, as a result of our experience after internationalizing hundreds of companies, as experts in tax legal advice, we recommend registering the trademark before starting the activity in a country.

First, verifying the availability of the trademark and then executing the trademark registration itself to avoid risks and later unwanted surprises.

Trademark registration is not only advisable for those product or service companies that have subsidiaries around the world, but also for those exporting companies. They run the risk of allowing the importer or distributor of that product to register the trademark, but the importer or distributor does so in its own name, and that is where the problems will begin.

What elements are eligible for registration as a trademark?

The following signs, among others, may constitute trademarks:

The words or combination of words
Images, figures, symbols, graphics, logos, monograms, portraits, labels, emblems and coats of 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.

What is the difference between trademark and patent registration?

In many occasions, it is difficult to differentiate between the registration of a trademark and the registration of a patent. Simplifying:

The purpose of patents is to encourage innovation, and their registration grants a monopoly regime to the person who creates the invention and subsequently develops it.
The trademark, as we have already mentioned, focuses on the registration of a sign or element granting a monopoly and thus allowing to distinguish products and services in the market.