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  • Home
  • About Us
  • Trademark Registration
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  • Tienda

What are the brand protection first steps?

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Trademarks

How to gain ownership of your rights?


A trademark is a word, symbol or phrase used in commerce to distinguish your products and services from those of your competitors. It’s what makes your business unique. 


We support you to claim ownership of your business’ identity by registering your trademark. This is a crucial first step on the ladder of developing your business. Your trademark makes you recognisable to customers and other businesses, opening doors for development and partnership.


Many people don’t realise that a trademark is geographically limited, meaning it must be protected country by country. We help you negotiate this tricky terrain to ensure you’re registered in the right territories.

    

Please, help me own my brand.

Patents and Designs

 You may also need to register the appearance of your product and any technology that you have invented: 


A patent is the right to exclude others from making, using or selling your invention or solution to a problem. 


Design registration protects your rights to the aesthetic appearance of your product or its packaging. 


We understand that it can be confusing which of these protections your business needs, and in what combination. We fully analyse your needs so that these pieces fit neatly together like a jigsaw, providing you with full protection and peace of mind.

Please, help me with my designs and inventions.

What is next?

Monitor the market

We create a plan to monitor your brands, designs and inventions that includes official databases, marketplaces (Amazon, eBay, Aliexpress), and social media outlets. With the speed of today’s market, it is more important than ever to have someone looking out for your interests.

Defend your rights

If someone infringes on your intellectual property, we take action immediately. This could be as simple as a cessation request or involve negotiation of a commercial agreement. If necessary, we will act on your behalf to present a civil or criminal suit. Whatever the problem, we keep an open mind to ensure we achieve the best result for you, with minimum stress.


Please, help take action against infringers.

Maintaining your rights

  

Trademark renewal


Maintenance of your rights is key for them to continue to exist. Renewal is part of maintaining those rights and it is done every 10 years. Partial renewals are also possible 


Please, help renewing my trademark.

Monetizing your rights

  

Once you have ownership of these elements, it’s time to get the hard work done: selling the product or service directly or through retailers, and creating partnerships with other brands. 


Contracts are live relationships that need to be nurtured and only work when both parties see the benefits. We negotiate and draft contracts on your behalf so that all you have to do is watch your business grow.


Please, help me building long lasting commercial relationships

FAQs

What can not be registered as a trademark?

Does my domain name gives me trademark protection?

Does my domain name gives me trademark protection?

Anything that designates the kind, quality, quantity, intended purpose, value, geographical origin or the time of production of the goods/services to be traded or any of its other characteristics  can not be registered as a trademark. 

Does my domain name gives me trademark protection?

Does my domain name gives me trademark protection?

Does my domain name gives me trademark protection?

No, a domain name is your address on the internet. Trademark protection is a continues process that starts with trademark registration. 


All those elements that help to create a brand image and are used as a commercial tool need to be registered to be owned.


Trademark registration is the way to tell the world, consumers, partners, competitors and other stakeholders, that those brand image elements are owned and their use for commercial purposes is subject to owners' authorization.

Can I protect my brand globally?

Does my domain name gives me trademark protection?

Can I protect my brand globally?

Brands can be registered as trademarks in the countries you have commercial interest.  


A global trademark does not exist.  Registration must be requested in each individual country you have a commercial interest in or where it is possible to use the International application system. 


The international application system merely facilitates the application process in a number of countries.


Nonetheless, within the European Union is possible to have a single application/registration for all the member states.

How much does it cost?

How long will my trademarks rights be valid for?

Can I protect my brand globally?

Cost depends on a number of factors, like territory and goods/services traded.


European Union government fees start from 850€. 

Spanish government fees start from 125,56€.

How long does it take?

How long will my trademarks rights be valid for?

How long will my trademarks rights be valid for?

Provided there is no issues with your application, granting of your rights may take four to eight months from application date.

How long will my trademarks rights be valid for?

How long will my trademarks rights be valid for?

How long will my trademarks rights be valid for?

Trademark rights are generally valid for a period of 10 years. 


Renewal of its validity is possible for subsequent 10 years periods.

Are there annual fees?

Who oversees the trademark applications?

Who oversees the trademark applications?

No, trademark fees are paid for 10 years within the trademark application.

Who oversees the trademark applications?

Who oversees the trademark applications?

Who oversees the trademark applications?

Intellectual Property Offices in each country, or within the European Union.


Intellectual Property Offices are government specialized agencies.


In Spain is the Spanish Patent and Trademark Office (OEPM) and in the EU is the European Union Intellectual Property Office.

When can I use the ® symbol?

Who oversees the trademark applications?

Is a Spanish trademark valid for the rest of the European Union?

The  ®  symbol is reserved for trademarks that have already been granted.


While the trademark is still pending you can use the  ™  symbol.

Is a Spanish trademark valid for the rest of the European Union?

Is a Spanish trademark valid for the rest of the European Union?

Is a Spanish trademark valid for the rest of the European Union?

No, trademarks have a geographic scope. If they are registered in Spain, they are valid in Spain only.


However, if they are registered within the EUIPO they are valid in all 27 member States.

Do I need a lawyer?

Is a Spanish trademark valid for the rest of the European Union?

What rights are granted by a trademark registration?

Technically no, but using a specialized professional will help you avoid a few mistakes and headaches.

What rights are granted by a trademark registration?

Is a Spanish trademark valid for the rest of the European Union?

What rights are granted by a trademark registration?

Trademark registration gives the trademark owner an exclusive right of use over his brand.


That means nobody else can use that registered brand for commercial purposes without the owner authorization.


In the case of infringement of this right, the trademark owner have exclusive legal remedies.

Have a burning question?

Or schedule a call

685 94 03 06

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How does the registration process look like?

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The registration process has four main steps: 


a) availability search;

b) application submission;

c) examination, publication and opposition;

d) granting.

Availability search

To avoid legal complications an availability search is recommended. We look for potential conflicts (identical or similar trademark previously registered in the relevant territory) within the official databases, market places and social media channels.

Application submission

We prepare the forms, file it with the relevant authorities and pay the official government fees on your behalf.

Examination, publication and opposition

In the European Union, the relevant authority - the European Intellectual Property Office or EUIPO, review the trademark application to assess if it complies with the legal requirements.


This assessment does not take into account previously applied for or registered identical or similar trademarks. It is the trademark owner responsibility to monitor the market and the published database.


If the trademark application is deemed to comply with all the legal requirements, it is then published in the official European Union trademarks bulletin.


This publication opens a three month opposition period.


The Opposition is the option, owners of a previously registered trademark, who felt that a new trademark application aggrieved their rights, have to oppose its registration.




Granting

Should no opposition be filed within 3 months from the trademark publication or should the opposition be overcome successfully, the trademark is then granted by the European Union Intellectual Property Office.


The whole process from search to registration may take from four to eight months.


The European Union trademark will be valid for a period of 10 yeas from the filing date and may be renewed from up to six months before its expiry date for subsequent periods of ten years.


WARNING:

In recent years, many trademark owners have received letters demanding payment of invoices related to their trademark application.

Please, disregard those letters, since the European Union Intellectual Property Office, based in Alicante, with bank accounts in Spain, does not issue these type of letters. The EUIPO never sends invoices or letters to users requesting direct payment for services.

If you receive a letter with this type of content and you have any questions, please contact us.




Other procedures and appeals

Cancellation for non-use


Once a trademark has been registered for a period of five years, it becomes subject to proving there was a real and effective use within the territory of the European Union. 


Use is not a requirement for registration, but for the maintenance of the rights.


Revocation


Appeals


All EUIPO decisions can be appealed first administratively and later judicially before the European Courts.

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