Trade Marks differentiate the products and services of a company in the market from those of another, playing a major role in the development and marketing strategies, contributing to project the right image and reputation of the products and services of a company to consumers.
The image and reputation of a company create trust, which in turn forms the basis of a loyal clientele, who enhance the value of a company.
Trademark registration provides the company with the exclusive right to prevent others from marketing identical or similar products and services using the same brand name or a very similar that could lead consumers to confusion.
Should the company fail to register the mark, the investment made in marketing said product or service could be fruitless, since a competitor might use the same or very similar brand name creating confusion. Consumers may be misled into acquiring the competitor’s product or service, which would not only cut on your earnings, but most importantly would damage your image and reputation should their products or services be of inferior quality than yours.
Trademarks are awarded to be potentially perpetual, provided they are renewed every ten years. So, if the protection is chosen in Spain only, the coverage will be in the whole of the national territory, and we will register your Trademark in the Spanish Patent and Trademark Office (OEPM).
You can protect your brand overseas.We can file an application before the National Offices of the country or countries of your interest or get an International Trademark through proceedings before the World Intellectual Property Office (WIPO). This will give your mark protection in up to 85 countries with one single application, and it will have the same effect as if the application were filed in each of the designated countries. We can also provide you with a European Community Trademark by filing before The European Union Intellectual Property Office (EUIPO), protection that would reach all EU countries.
In Gimeno & Juste Associates we are experts in accompanying you through the whole process of filing for a Spanish Trade Mark, Trademark country by country and International or Community Trademark:
Before applying for registration. We provide worldwide distinctive signs background checks, by searching the OEPM, EUIPO and WIPO databases, in order to assess and detect risks of granting registration in your country of interest. We give you recommendations ensuring the better protection strategy based on your objectives.
Procedure . We file your application for a Trademark in Spain directly or in any other country thanks to our partnership with the most prestigious agencies and correspondents in the world. We prepare and submit replies to any possible opposition or objections to your requests. We write and present appeals.
Maintenance and monitoring. We notify you of the need for renewal on the registrations granted. We prepare and file oppositions challenging new applications. We write and present appeals. We prepare and submit requirements for infringement of the right of exclusivity. We provide infringement litigation support.
Transfer. Trademarks may be licensed and transferred. We advise you on the revision and drafting of agreements or specific provisions on confidentiality, transfer and license rights. We register any name changes, transfers and licences.