December 13, 2024
Limitless Team
In recent years, entrepreneurship has been gaining greater recognition and more and more people are daring to undertake, to create, to seek ways to enter the market through products and services that aim to make life easier for people. However, an essential part of the products or services you are going to offer is the image through which your customers or consumers will recognize you and even choose you over the competition.
What is a trademark?
It's important to truly understand what a brand is and how it can greatly benefit your business. Therefore, it is the identity that you are going to provide to your products or services and even the commercial name of your company. Brands are names that are accompanied by logos that seek to give distinctiveness to your brand and position themselves higher than the competition.
Within consumer psychology, people must be attracted to products or services in order to purchase them. Therefore, the brand helps both you and the consumers you plan to reach in order to achieve an identity, a presence in the market and to transmit your message in a simplified way.
Why is trademark registration important?
It often happens that people don't pay much attention to registering a trademark because they don't really understand how important it is. The truth is that the importance of registering a trademark lies in the way it convinces or attracts the public to choose your product or service over hundreds of others. It is the way to visually transmit your intentions to the consumer's mind to make them connect with you and your products and/or services. Despite this, there are third parties that will seek to replicate your success and one of the ways to achieve this is through imitation.
By registering your brand, you are solidifying yourself as the owner and ensuring that no third party can use your brand without your authorization. This gives you control over the marketing of your brand, to the point that you can even transfer it through licenses that establish the limitations of the use that third party will give to the trademark and even determine the time or duration of the transfer.
Why is my trademark logo important?
On the other hand, we have the logo that serves as an illustration and accompanies the brand to provide a higher degree of distinctiveness to the consumer. Brands are names and although the creative process for creating names that connect with your audience or audience isn't simple, it's always important to create a design that works in conjunction with your brand to create a stronger base and increase the chances of registration.
The originality of the logo is just as important as the brand name, so it is recommended that when creating the logo, you work with a graphic designer and a lawyer specialized in trademark registration to reduce the chances of your registration being denied with DIGERPI. Even more important is to be 100% comfortable with the logo, since at the time of registration it will be valid for 10 years, renewed indefinitely, so you must ensure that the logo you have created fits perfectly with your products or services.
What happens if a natural person or a company is already using the brand I want?
When registering your trademark, we always recommend doing so by professionals in the field, which means that they will be responsible for carrying out the necessary national search to determine if your trademark is available for registration. If your brand is already being used then it's important to determine what class it's being used in. To better explain this, we can use the following example:
If someone is already using the brand: Example: Delta and Delta Airlines gas stations: Although both have the name “Delta”, they are registered in different classes and therefore do not interfere with each other's commercial activity.
It is common for requests to be made without first performing the appropriate search to verify the availability of the brand and this results in the rejection of the request. If a trademark is already in use, then it is necessary to analyze ways to register without directly colliding with the brand, this can be using a different name, creating a new name with the one you currently have or even using a fantasy name (a name invented and that has no meaning).
What benefits do I have when registering my trademark?
As we explained, whether you are a natural person or have your own company, registering your trademark is crucial to be able to properly market your services or products. Therefore, from the list of benefits you get when registering your trademark, we can mention the following:
- You are registered as the owner of the trademark
- You have control over its commercialization
- The registration certificate gives you protection for 10 years and you can renew this protection indefinitely
- You can transfer the rights to your brand according to your terms
- Prevent third parties from using your brand without authorization
✍🏼 Take note...
These are just some of the benefits of registering your brand, but the truth is that if you are a start-up and want to create your own business, it is very important that you register your brand so that your customers can purchase your products and prevent third parties from trying to copy the name or design that makes your brand special.