Trademarks are all signs which can be graphically represented and which serve to distinguish the products or services of a company on the market from identical or similar products or services of all other competing companies.
WHAT CAN A TRADEMARK BE USED FOR?
– To individualize products and services.
– To indicate the business origin of the products and services to the consumers.
– To inform about the constant quality of the products or services which are identified with the same trademark.
– To carry out and strengthen the function of advertising.
WHAT SIGNS CAN BE REGISTERED AS TRADEMARKS?
Any of the following signs can be registered as trademarks:
– Word: Formed by one word or a set or words.
– Figurative: A drawing.
– Composite: Combination of the previous two.
– Three-dimensional mark: for example, containers.
– Sound: as long as they can be represented graphically.
These signs must allow one to distinguish the products or services from other identical or similar products or services.
WHAT RIGHTS DOES THE REGISTRATION OF A TRADEMARK CONFER?
– Right to exclusively use the trademark in the course of trade.
– Right to assign or license the trademark.
– Right to prevent unauthorized third parties from using an identical or similar mark or sign for similar products or services.
– Right to oppose the registration of signs which are confusingly similar to theirs in the Spanish Patent and Trademark Office.
– Right to request the invalidity of other subsequent marks which are confusingly similar to theirs before the Courts.
CLASSES OF TRADEMARKS
– Products and services: Individualize products and services, respectively. They are also known as INDIVIDUAL TRADEMARKS.
– Collective: Individualize products or services of a production association, manufacturers, dealers, etc.
– Guaranteed: Certify the common characteristics of the products and services manufactured or distributed by persons who are duly authorized and monitored by the holder of the trademark.
According to the territorial scope, the trademarks can be:
– SPANISH TRADEMARKS: Their registration is obtained through the Spanish Patent and Trademark Office and is protected throughout Spanish territory.
– COMMUNITY TRADEMARKS: Their registration is obtained through the Spanish Patent and Trademark Office and is protected for all countries in the European Union.
– INTERNATIONAL TRADEMARKS: Their registration is obtained based on Spanish Trademark, Community Trademark or WIPO Convention.
Signs which can be graphically represented and which identify a person in the course of trade which distinguish them from the other companies which carry out similar or identical activities.