The trademark (or brand) will be the name, term, word, mark, design or combination of them that will allow us to differentiate our products or services from the competition and at the same time, enhance our advertising, allowing us to persuade or familiarize our products or customer service.
In the case we are confident in the choice of our brand, and have big plans for her, it is very important that we protect, i.e. the registers, thus, preventing other companies can use the same brand or similar, or that someone we want to copy to take advantage of the prestige of our brand.
Then see the procedure or the generic steps needed to register a trademark:
1. Go to the trademark office
The name of this office may vary from one country to another, might be called the Trademark Office, the Patent and Trademark Office, the Office of Distinctive Signs, etc.
2. Brand Search history
Once in the trademark office, we request a background search, which is a search for identical or similar marks which we use, so that we ensure that there is equal or similar to what we recorded.
In the event that our brand was not just made up a name, but also, for a logo, we do two searches, a phonetic background for the first case, and figurative background to the second.
We should note that this search is ultimately for the registration of a mark, because once we file our application for registration, the trademark office will conduct a more rigorous examination.
The delivery time of this search report usually takes 30 minutes to a background search, phonetic, and 3 days for a background search figurative.
3. Submit application for trademark registration
Once we have ensured that there is no same or similar mark to which we will use, we must complete an application for trademark registration application that delivers us the same office.
Such written request must describe the mark (indicate the name and logo if we’re going to use one) and identify products that distinction.
Once completed our application, we submit it along with proof of payment for the registration of the mark.
4. Review of evidence of formal requirements
Upon receipt of our request, the distinctive office will conduct a preliminary examination, where verify that our application meets the formal requirements.
This review could last 15 days in the event that our application does not meet the formal requirements, notify us so that we can make corrections.
In the event that our application is approved, the office of distinctive signs ordered us to publish the trademark to be registered in the official newspaper of the country.
The idea of this publication is to allow anyone to oppose the registration of the mark.
The deadline for anyone to submit any opposition is 30 days.
5. Examination of registrability
Once past the 30 days, and in case of failure to submit any opposition, distinctive office will conduct the examination of registrability and to grant or refuse registration of the mark.
If we have granted registration, our brand will last 10 years counting from the date of grant and may be renewed for successive periods of ten years, indefinitely.
If you enjoyed this post, make sure you subscribe to my RSS feed!