Trademark registration is the legal process used to protect a distinctive sign, such as a name or logo, that identifies products or services. This registration grants exclusive rights to its use, preventing others from using it without permission and safeguarding the reputation of the brand. It is carried out through intellectual property offices and can be extended internationally through treaties like the Madrid Protocol. To register a trademark, the sign must be unique and not conflict with existing trademarks.

Duration:

In nearly all countries, a trademark registration is valid for 10 years from the date of registration. This term can be renewed indefinitely every 10 years, provided the renewal requirements established by the trademark office are met, including the payment of renewal fees.
It is essential to keep the trademark active in the market and comply with the renewal formalities to avoid the expiration of the registration. If the trademark is not renewed on time, the legal protection it provides may be lost, and the trademark could become available for others to register.

Yes, Safe Creative offers trademark and trade name registration services in Spain, Mexico, and the European Union.

This service is independent of copyright registration, as trademarks are used for commercial purposes and must be registered with the relevant Patent and Trademark Office to obtain legal protection.

You can register names related to your professional activity, such as the name of your band, your artistic pseudonym, or the name of your social media channel. You can also protect the names of products or services you market, such as a mobile app or a fashion line.

Types of Trademarks and How to Choose the Right One

When registering a trademark, it is essential to select the appropriate type based on its intended use. There are three main types of trademarks, each offering a specific level of protection:

• Word Marks (Denominative Trademarks): These protect only words, names, or combinations of letters, without any graphic elements. They are ideal for brand names, channels, pseudonyms, or music bands.

  • Example: "Artist Alex," the name you use on social media.

• Figurative or Graphic Marks: These protect a specific logo or design, regardless of the name that accompanies it. This is the best option when the visual element is key to the brand’s identity.

  • Example: A microphone logo for a podcast or a distinctive symbol for a music band.

• Combined Marks (Mixed Trademarks): These combine a name and a logo in a single registration. They are recommended if your brand identity is based on both elements and you want to protect them together.

  • Example: "Artist Alex" with a specific logo designed for a YouTube channel.

How to Apply for Trademark or Trade Name Registration?

Safe Creative simplifies the trademark registration process by providing assistance at every stage. Additionally, the service includes renewal deadline reminders and support to maintain trademark protection across multiple jurisdictions, ensuring it remains valid over time.

If both the text and the image of your brand are distinctive elements you want to protect, you have two options:

1. Register a combined trademark (a single application that protects the text and image together).
2. File two separate registrations:

• Word mark: Protects only the text.
• Figurative or graphic mark: Protects the visual element or logo.

Which is the Best Option?

 The second option (separate registrations) is usually recommended, as it offers more advantages:

1. Greater Legal Protection

If you register a combined trademark and later someone applies for another combined trademark with a similar text but a different design, their application could be approved.

Example: If your combined trademark is "ZetaTech" with a specific design, someone else could register "ZetaTek" with a different design and have it approved, as the overall appearance is considered different.

2. Protection in Case of Logo Changes

Logos often evolve over time. If you register only a combined trademark and later change the design, your new visual identity will not be protected.

Additionally, in some jurisdictions, failing to use the trademark as registered could lead to its cancellation.

3. Greater Flexibility of Use

By registering the name and logo separately, you can use your brand in different ways without legal concerns.

Example: You can update your logo design without losing protection over your brand name.

Conclusion

For maximum protection and flexibility, it is best to register the text and image separately. This will help safeguard your brand identity and allow for future changes without legal risks. 

When applying for trademark registration, you must consider the common restrictions imposed by trademark offices in most countries.

• The following cannot be registered as trademarks:
  
  Generic and descriptive names: Terms that generically describe a product or service or its characteristics cannot be registered. For example, the word "book" cannot be registered for a company that sells books.

• Common symbols and terms: Symbols, terms, or signs that are of common and public use cannot be exclusively appropriated by an entity. This includes common traffic signs, informational terms like "new," or symbols indicating something (such as an exclamation mark).

• Heraldic figures and symbols of public entities: Coats of arms, flags, and other official emblems of states, international organizations, and other public entities are not registrable without the appropriate authorization.

• Well-known geographic names: Names of well-known places that are associated with a particular type of goods or services cannot be monopolized by a trademark, as they may mislead regarding the geographical origin of the products or services.

• Deceptive signs: Any trademark that may confuse the public about the nature, quality, or geographical origin of a product or service is inadmissible for registration.

• Expressions and symbols contrary to morality or public order: Trademarks containing or constituting expressions contrary to public morality, offensive, or inappropriate symbols are prohibited in many countries.

• Identical or similar marks: Trademarks that are identical or very similar to others already registered or in the process of registration cannot be registered to avoid consumer confusion and to protect the rights of existing trademark holders.

At Safe Creative, we conduct a preliminary registrability study that analyzes the applicable restrictions in each country, significantly reducing the likelihood that your application will be rejected.

The Spanish Patent and Trademark Office (OEPM) and the European Union Intellectual Property Office (EUIPO) have warned about fraudulent emails and letters sent to trademark registration applicants. These messages include a supposed registration certificate and request payment of a fee via bank transfer.

Keep the following in mind:

• Safe Creative never sends this type of communication or requests additional payments outside the official process.
• Official fees are only paid at official registration offices through Safe Creative.
• Neither the OEPM nor the EUIPO sends the registration certificate via email.

If you receive a suspicious message, do not make any payments and verify the information with us or through official sources.