Trademark Registration

The process of registering a brand as trademark usually involves many steps:

PREVIOUS RESEARCH: Before requesting registration, it is recommended to carry out a previous search in suitable databases to check whether there is already an identical or similar trademark registered or in the process of registration.

APPLICATION PREPARATION AND PROTOCOL: The next step is to fill out electronic trademark registration request forms available on the Registry website (usually a national governmental body) . In this form, it is necessary to provide information such as the applicant's identification, the graphic representation of the brand (when applicable), the classification of products or services, and payment of the registration fee.

ANALYSIS AND PUBLICATION: After submitting the request, the Registry will analyze the request and, if it complies with legal requirements, will publish the request. From the date of publication, interested third parties will have a period of 60 days to file opposition to the registration request.

SUBSTANTIVE EXAMINATION: If there is no opposition (or if the opposition is rejected), the process will continue with the substantive examination of the application, verifying whether the mark meets the legal requirements and criteria for granting registration.

GRANT OF REGISTRATION: If the request is approved, the Registry will grant registration of the brand and issue the corresponding certificate. The registered trademark will have protection for a period of years (variable from country to country), and may be renewed successively for equal periods.

Requirements and Criteria for Registration

To be registrable, a brand must be distinctive and not violate the registrability criteria established in Industrial Property Laws. One of the stipulations includes the prohibition of registering brands that run contrary to moral and ethical standards, have the potential to mislead consumers, or replicate symbols and elements safeguarded by both national and international laws.

Brands According the Nice Classification

The Nice Classification is an international system for classifying products and services used for registering trademarks. Many countries adopt this classification, which consists of 45 classes, 34 of which are intended for products and 11 for services. When applying for registration of a trademark, it is necessary to indicate which class(es) of products or services the trademark will be applied to.

Maintenance and Protection of Brand Rights

After registration is granted, the trademark holder must ensure its protection and maintenance. This includes paying maintenance fees, keeping an eye on potential infringements, and renewing your registration every 10 years or so (depending on the country). Furthermore, it is important that the trademark owner uses their trademark effectively and continuously, as lack of use may lead to cancellation of the registration due to expiry.