It is understood as a brand; according to Article 4 of Law 17/2001 of December 7, on Trademarks; any sign capable of graphic representation that serves to distinguish in the market the products or services of one company with that of another. Therefore, the registration of a trademark is a title that grants the exclusive right to the use of a sign to identify a product or service on the market.
Consequently, trademarks are made up of all the signs that are appropriate to distinguish the products or services of a company from the rest, and are represented in the trademark registry in such a way that they allow the competent authorities and the public to determine the object. clear and precise of the protection granted to its owner.
SIGNS THAT MAY CONSTITUTE A BRAND:
There are different elements that can constitute a brand, these are:
- The words and combination of words , including those that refer to people, that is, that constitute a proper name.
- The images, figures, symbols and drawings. As for example: logos, landscapes, geometric figures, animal figures. It is known as the graphic element, since it allows a person, company or institution to be represented by symbols.
- The letters, the numbers and the combination of these.
- Three-dimensional shapes , including packaging, packaging, and shapes of the product or its presentation.
- The sounds , that is, the association of a brand with a sensation produced in the ear organism by the vibratory movement of the bodies, transmitted by an elastic medium, such as air. As we name in the different types of marks, a graphic representation is required to be able to register a mark. For example: the description by the staff or the presentation of an audio file.
- Any combination of the signs mentioned in the previous sections.
We all know the distinction as the main function of the brand. This is the most important to ensure that the item takes on brand quality and is subject to registration, since it identifies products and services as well as providing protection for consumers and owners.
But you will not be able to register trademarks whose signs are those named below, and also, those that cannot constitute a trademark for not complying with the definition of trademark that the law presents, and that we have named above
THE FOLLOWING SIGNS MAY NOT BE REGISTERED AS A MARK:
Those signs that are not devoid of distinctive character. This prohibition affects, on the one hand, especially short or content-free denominations, such as the example of “. “And the extremely long and complex ones.
- Generic or descriptive names . In other words, all those that are made up “exclusively of signs or indications that may serve in commerce to designate the species, quality, quantity, destination, value, geographical origin, time of obtaining the product or the provision of the service, or other characteristics of the product or service. For example: “reserve” to identify wines or the bull register for wines and Asturia for ciders.
- Those that s and consist exclusively of signs or indications that have become common to designate products or services in the common language or in the loyal and constant customs of commerce.
- The constituted exclusively by the form imposed by the nature of the product itself or by the form of the product necessary to obtain a technical result, or by the form that gives a substantial value to the product. </ li>
- Those who are contrary to the Le and , public order and / or good customs.
- Those signs that indicate the public to error , that is, those about the nature, quality or geographical origin of the product or service.
- Those that applied to identify wines or spirits contain or consist of indications of geographical origin that identify wines or spirits that do not have that provenance, even when the true origin of the product is indicated or is use the GI translated or accompanied by expressions such as “class”, “type”, “style”, “imitation” or the like.
- All those trademark signs that reproduce or imitate the shield , the flag, the decorations and other emblems of Spain, its Autonomous Communities, its municipalities, provinces or other local entities, unless there is due authorization.
- Those that have not been authorized by the competent authorities.
- Those that include insignias, emblems or shields other than those referred to in Article 6 of the Paris Convention and that are in the public interest, unless their registration is authorized by the competent authority.
As we observe, there are many signs whose prohibition is absolute and therefore cannot constitute a brand. Therefore, it is very important to contact professionals in the registration of a brand, such as Lidermark, because we know the most current laws and we help you in all the procedure about how to register a trademark and where to register a trademark.