The importance of Distinctive Signs of Commerce is undeniable, as they represent the way a company expresses its values and strengthens the connection and trust with its audience.
Therefore, in today’s global market, trademarks, logos, and trade names are of paramount importance for standing out and increasing business recognition.
These signs fall under the scope of Industrial Property. More than just appealing visuals, Distinctive Signs of Commerce represent the company’s identity, conveying the quality and authenticity of the brand. This is because they serve to identify and distinguish a company’s products or services from those of others.
However, these intangible assets raise certain legal issues that can be considered complex. To address these matters, Official Intellectual Property Agents exist to ensure that all elements are properly registered and protected.
Join us throughout this article and discover the different types of distinctive signs and the benefits of registering them.
This concept may raise some questions. However, distinctive signs of commerce are nothing more than visual or verbal elements. Used within the scope of commercial activity, they serve to identify and distinguish a company’s services from those of its competitors.
These signs fall within the scope of Industrial Property, which aims to protect intellectual creations that have industrial or commercial application.
Within Industrial Property, Distinctive Signs of Commerce hold a prominent position, as they are essential to ensuring fair competition in the marketplace.
By visually communicating their identity and values, organizations create an emotional connection with consumers, building strong bonds of trust and loyalty.
Because of all this, one might think that an appealing design is enough to succeed in today’s markets. But make no mistake—this is just the tip of the iceberg.
The quality and reputation you deliver to your audience are the true differentiating factors.
There are various types of Distinctive Signs of Commerce, and it is natural to have questions about some elements—specifically, whether or not they belong to a company. Below, we present the types of Distinctive Signs of Commerce you may encounter.
This identifies an entity that markets products or services. It may also be used in advertisements, documentation, or correspondence. Examples of logos include words, designs, letters, numbers, or a combination of these elements.
It is characterized by the use of the name of a location, region, or country to designate or identify a product or service. However, the choice of this designation is based on certain assumptions:
On one hand, the product or service must originate from a specific region. On the other hand, the characteristics or qualities of that product must depend solely on the geographical environment of its origin.
In other words, a product is only covered by the Appellation of Origin if there is, in fact, an undeniable link between the product and its region of origin. Therefore, it must be produced, transformed, and crafted within that specific environment. Examples of products with Appellation of Origin include Port Wine, Dão Wine, Serra da Estrela Cheese, and Azores Pineapple.
This sign uses the name of a location, region, or country to designate a product or service. The goal is to identify a product or service originating from a specific region, whose reputation is determined by the quality derived solely from the geographical conditions of that location.
In this type of sign, the connection between the product and the place of origin is weaker, as it is sufficient for the product to be identified in one of the stages of its creation to be considered. Examples of geographical indications include Alcobaça Apples, Algarve Citrus Fruits, Ovos-Moles from Aveiro, or Viana do Castelo Embroidery.
The Collective Mark is characterized by the identification of products or services related to the activities of an association. In these cases, it is important to create statutes and regulations.
It should be explicit who can use the mark, the conditions under which it must be used, and the obligations of users in case of misuse or counterfeiting. The Alcobaça Apple Producers Association and the Porto Wine Companies Association are examples of collective marks.
This mark belongs to an individual or collective entity that has full control over the products or services. It is a way of establishing standards and procedures concerning the product/service, thereby maintaining a consistent level of quality.
This type of sign is typically awarded to entrepreneurs, merchants, farmers, or industries as a way to highlight their products or demonstrate praise. This Distinctive Sign of Commerce consists of words, letters, numbers, designs, images, or emblems.
Rewards are considered to be merit decorations awarded by the state, medals, diplomas, and prizes in money or any other form obtained in exhibitions, fairs, and competitions. Diplomas, certificates of commendation, or titles of supplier to the Head of State are also considered rewards.
Distinctive Signs of Commerce are an asset to organizations, adding value and reputation to brands. However, in order to maintain their valid status in the market, it is necessary to register them.
Registering these signs grants exclusivity, meaning that as the holder of the registration, you have the right to use the sign exclusively throughout the entire national territory.
On the other hand, registration ensures that third parties do not use similar signs that could cause confusion among the public. Registration also increases the brand’s value, making it an attractive asset for partners and investments.
Finally, the registration of Distinctive Signs of Commerce facilitates access to international markets, as the holder can register their brand in other countries.
Markets crave new concepts and ideas, transforming them into innovations while keeping up with the changes and demands of today’s markets.
Invest in strong Distinctive Signs of Commerce and their registration. Leaders who do so are not only protecting their intangible assets but also investing in the future success of their organizations.
