Do you know how to register a trademark?

If you are thinking of setting up your own company, one of the most common questions you may have is how to register your trademark or trade name. This is one of the most important factors to take into account, as it is the element that will differentiate you from your competitors and the name that will be positioned in the minds of consumers.

And if you don’t want someone else to get hold of your original invention, is essential to know all the steps you need to follow to make it officially yours. And in this post, we are going to tell you how.

What is a trademark or trade name?

First of all, let’s look at what a trademark or trade name is. Are they the same thing? Not really. A trade mark is a set of words, symbols, images, figures, figures or a combination of such elements that identify a company and its services or products.

It is the letter of presentation of your business, and its choice is critical. In fact, to create a brand name, you have to take into account certain aspects. For example, keep in mind that the shorter, more transparent and easier to pronounce, the easier it will be to remember.

So don’t fall into the trap of “sophistication and exclusivity” and look for names or symbols that are difficult to understand. Instead, it is advisable to think of something sonorous that is as easy to memorise as breathing.

Differences between trademark and trade name

What is the difference between a trademark and a trading name? While the trademark is the sign that identifies the products or services in the market, the trade name identifies the activity carried out by your business within the commercial traffic. In other words, it differentiates it from other companies in the same or a different sector.

In fact, it does not have to be the same. The most famous brand of cocoa powder, Cola-Cao, is the brand name, while the trade name of the company that markets it is Nutrexpa.

However, let us not confuse the trade name with the company name, which is the legal name of the company. In other words, everything that relates to legal and administrative terms and documents.

 

As in the previous case, the company name does not necessarily have to coincide with the trade name or brand. Think of the typical example, the textile giant Inditex, the company name of different trade names and their respective brands, such as Zara, Bershka, Oysho, Pull & Bear…

Having said and clarified this, you should know that you can register various trademarks and trade names under the same company name. But… How do you register so that
no other company uses the name or symbols you have chosen for your business.

How to register a trademark in Spain

At the Spanish Patent and Trademark Office (OEPM). This is the place where a trademark is officially registered in our country. However, before going to the office, the best thing to do is first to check that the trademark you have in mind is not already registered, which can happen.

To do so, you only have to visit the office’s website and check its availability by accessing the database, where you will find all the names of the trademarks registered in Spain.

Once you have checked that your trademark is not in the directory of the Spanish Patent and Trademark Office, you can proceed to register it and start marketing and advertising your products or services.

The first thing you need to do to start registering your own trademark is to file an application and pay a fee. This can be done either online via the website or in person at the office, which is located in Madrid, specifically at Paseo de la Castellana, 75.

Registering a trademark in person at the OEPM

If you want to register your trademark in person, you must fill out a Trademark Registration application form at the OEPM office. This includes the data that will identify your trademark and information on the applicant and the representative of the applicant.
Once you have filled in the form, you must apply the OEPM together with proof of payment of the fee.

This can be done either at the Regional Industrial Property Information Centres of the Autonomous Communities or at a post office. In this case, it should be presented in an open envelope, certified and with acknowledgement of receipt. These documents must be accompanied by the authorisation of the trade mark representative if there is one.

With the trademark application filed, the next step is to wait for the review of the documents by the OEPM. If there are any flaws in the documentation that affect the rights of other persons with the registration of that trademark, the applicant will have a specific time to amend its application.

The online registration of a trademark in Spain

If you want to register your trademark digitally, you must go to the SPTO’s Electronic Headquarters. Once you have accessed, click on the section on Procedures for distinctive signs and go to the Application for Trademarks, trade names and international trademarks and fill in the details indicated.

Likewise, once the application has been submitted, the OEPM will proceed to validate its registration if there are no objections regarding the documentation provided and the creation of the trademark itself.

How long does it take for a trademark to be registered?

In relation to the time it takes for a trademark to be registered nationally at the Spanish Patent and Trademark Office, the period is about 12 months. However, if there is a failure in the application, this can be extended to 20 months.

On the other hand, it is essential to know that the registration of a national trademark has a duration of 10 years. After this time, the registration can be renewed for a further 10 years indefinitely, paying the corresponding fee each time.

How to register an international trademark

Have you thought about the scope you want to give to your trademark? This is essential as the situation changes if you want to register your own trademark internationally.

By this we mean that if you register it in Spain, it will only be your property in our country, so brands from other countries could legally use your name.

Thus, we can distinguish between three types of trade mark registrations:

• National trademark, effective only in Spain.
• International Trademark, which is effective in all the member countries of the Madrid System, which includes 80 countries, but not Spain.
• Community trade mark, with effect in the European Union.

In order to register a trademark internationally, it is first necessary to have the national registration at the OEPM and for it to be identical to the national trademark.

If the holder, the mark and the goods or services applied for are the same, you can proceed with the international registration, which is carried out by submitting the international registration application form to the World Intellectual Property Organisation (OMPI).

Once the application has been submitted with the necessary documentation, it will be reviewed by the OEPM, OMPI and the National Office of each country.

So, now you know how you can register your trademark in Spain and internationally and make the project of your life a reality by obtaining the R or MR trademark symbol.