How to register a brand? Procedure and steps to follow.
Do you know what procedures to follow to register a trademark correctly? Lidermark, as a company specialized in the registration of trademarks and patents, shares in this article each of the steps as well as the advisory and management work carried out by its team of professionals.
Step 1. Trademark registration
The first step for its registration is the preparation of the brand, in such a way that it is attractive and can serve as a condenser of the quality and prestige of the products and / or services to which it is applied.
The marks can be fundamentally:
- Denominative (when they consist of only one or more names).
- Graphics (when they consist of a design or logo)
- Mixed (when word and graphic elements coexist).
- Less frequent types: three-dimensional marks (the shape of the product or the shape of another element), voiced , and even olfactory or tactile.
Step 2. Choice of products and / or services for which said brand will be used
Once the mark is available, the products and / or services to which it will be applied must be precisely determined, in order to determine the class or classes of the international gazetteer in which or to request. The international gazetteer, in its current revision, comprises 45 classes, 34 of them for products and 11 for services. In addition, it must be taken into account that, in national brands, the cost increases from the second class, while in community brands, this variation in cost occurs from the fourth class.
When registering a trademark, the correct determination of the products and / or services that are of interest and their classification is very important. LIDERMARK helps you so that your brand is applied for exactly the products and services that interest you, at the lowest possible cost.
Step 3. Checking the registrability of the mark
Once we have the brand and we know in detail the products and / or services and the classes for which we are going to register, the next step is to check the registrability of the brand.
At this point, LIDERMARK plays an essential role, examining the existing databases to determine, thanks to our experience and our research work , the greater or lesser possibilities of trademark registration, and to be able to take thus a decision with the least possible risk, as well as, where appropriate, exploring other registration alternatives.
Step 4. Authorization of the trademark registration and publication in the Official Bulletin of Industrial Property
The trademark is published for public information in the Official Bulletin of Industrial Property, a fact that LIDERMARK notifies by sending a copy. From the date of publication, a two-month period begins in which an interested third party could present allegations or an opposition. In fact, to minimize this risk, LIDERMARK does the previous research.
But if, in any case, allegations or opposition were presented, LIDERMARK would take care of answering it, through its legal services, in a fully founded manner, both factually and legally.
Step 5. Granting of the trademark registered by the Spanish Patent and Trademark Office
Once the two-month period has ended without there having been any allegations or opposition, or when these have been overcome, the Spanish Patent and Trademark Office examines that the trademark does not violate absolute prohibitions (genericity, descriptiveness, error induction, etc. .), after which it is granted, issuing the corresponding title.
During this trademark registration process, LIDERMARK is in charge of sending you the grant resolution and title, and is responsible, at no additional cost, for monitoring the trademark, in case they try to register any similar sign, during the following ten years , and is responsible for advising, after ten years, of the need for renewal, being equally available in case measures should be taken at this time against a possible offender.
Thus, LIDERMARK provides a complete and highest quality trademark registration service so that our clients can obtain, maintain and use their trademarks with complete peace of mind.