Have you ever wondered how to register a trademark? It can be your personal brand, or the brand of a company that you have created and want to protect it so that no one registers it before you and they force you to have to change.
Either because you have your design agency, because you have become a renowned brand (personal brands can also be famous) or because you want to register that name that has occurred to you, We give you a hand so you know what to do.
What is meant by brand
First of all, what do you understand by brand? Sometimes there is a little ignorance that makes us think that we are not a brand when in fact we are.
A brand is a trade name. It is the name by which you are known and by which you differentiate yourself from other competitors.
For example, you can call yourself "Pepito Pérez". But it turns out that your personal brand is "Jiminy Cricket." That is a commercial name since your clients know you by it, you differentiate yourself from your competitors, and also with that name you market services. Well, that's a brand. Your brand.
Now, trademarks as such are titles granted by the State and if you have it, it protects you from others who cannot use your same name (they can, but there would be consequences if you denounce them). And the brand can be given to both individuals and companies.
For that, registration is carried out in Spain at the Spanish Patent and Trademark Office (OEPM). It also ensures that no two brands have the same name.
So am I a brand?
Yes and no. You will see, For something to be considered a trademark, it must meet a series of requirements:
- That it be a person's name, letter, sound, packaging, product... that distinguishes the product or service from that of its competition.
- That it is registered in the Trademark Registry.
To make it easier for you to understand. Imagine that you create a pseudonym to be a writer and start selling books with that name, even signing with it. That would be your personal brand, and that distinguishes you from your competition. Therefore, we could be facing a possible trademark that you can register (in this case, you register your stage name).
What to do to register a trademark
When registering a trademark you have to know exactly what are the steps to follow to avoid making a mistake that costs you money. Therefore, we are going to detail each and every one of them below so that you do not have a problem.
Know if your brand is available
Right now You will think that, if you have not registered it, it does not have to be unavailable. But actually this is a mistake.
There may be a company, a businessman or even an individual who has decided to register your name because he uses it. And then, when you try to register it, they will deny that request.
The best you can do is Visit the website of the Spanish Patent and Trademark Office and, in its database of trademarks and trade names, search.
More specifically, once you are in the database, go to the "brand locator" and, in the search engine that you will have, put "Name: Contains"; «Modality: All». Next to it you have a box where you can put the name of the brand.
If you do not get results, then you will be able to register it and you will be able to start the procedures. Now, if someone comes out with that name already registered, no matter how much it annoys you, you won't be able to register it. Now, what you can do is modify your name a bit to register it.
For example, imagine that the Jiminy Grillo trademark is registered. And you use that name. You could consider putting Don Pepe Grillo, although here it already depends on the laws and if they allow you to modify the name a little or, in this case, not. It's something you should check out.
Why do this before? Because that way you will not lose money. You will see, When the process to register a trademark begins, you have to pay for it. If at that time the agency detects that there is already a registered trademark with that name, you lose the money you have paid and you have to start from scratch and pay again.
Spanish office of the patents and brand
Now that you know that your trademark can be registered without any problems, you should know that there are two ways to do it:
- In person, going to the Spanish Patent and Trademark Office
- online, doing the paperwork faster and, above all, more economical because it costs less.
Go to the office
If you do not want to complicate too much and prefer to do the process in person, then you will have to go to a Patent and Trademark Office. There you will have to fill out a trademark registration application form where, among other information, you will be asked for your characters, brand name, brand type...
Also, you must attach to this form a proof of payment of the application fee (since if you don't they won't let you present it).
The operator will take the form and they will have a few days to check that it is correct or, otherwise, they will give you a few days to correct what is wrong or missing and thus continue the request in progress (if you do not do so, the form will be archived and you lose money).
Online registration
In case you want to do it online, which is easier and cheaper, it can be done this way:
- First, You go to the website of the Spanish Patent and Trademark Office (OEPM) and access the Electronic Office.
- What we are interested in is registering the brand, so look for “Procedures for distinctive signs”.
- Now you will have to click on “Application for trademarks, trade names and international trademarks”. You will get a form similar to the one they give you in person. So try to fill it in as best as possible, with all the data.
- Keep in mind that, when paying, it will be the same if you register a name as if you do it for a name and a logo. So, for that matter, if you have the logo, it's better to register both.
in this application They will ask you what products and services you request for the brand. In other words, they ask you to know what you are going to do with the brand. Continuing with the example, your Pepe Grillo brand is to offer graphic design services. Well, that's how it goes.
Now, all this is classified by the "Nice Classification", which was established in 1957 and where there is an organization of the products and services that can be registered as trademarks. To make it clear to you, from 1 to 34 is for products and from 35 to 45 houses the services. You simply have to find the right codes for your brand.
Finally, it is the turn to pay, and as we have told you, the online procedure is cheaper. Of course, keep in mind that it will be for only one class. If in the Nice classification you have put more categories (more than one), the first one will cost the total price of the procedure while the following ones have a minor, but important extra cost.
Finally, you will only have to download the receipt and wait for the agency's response.
How long does it take to register a trademark?
Arm yourself with patience because the Patent and Trademark Agency It may take up to 12 months to respond to you. If there is opposition, or there are missing documents or there are errors, it can be extended up to 20 months.
Also, you have to keep in mind that registration is only given for 10 years. After that time you will have to renew it, either for 10 years or indefinitely.
Do you have any questions about how to register a trademark?